Terms and conditions

DK.com Terms and Conditions

 

These terms and conditions were updated on 23rd November 2016

 

If you use this website ("the Site"), you are regarded as having accepted the following terms and conditions ("the Terms"), which include our Privacy Policy, so please read and abide by them.

 

1. INTELLECTUAL PROPERTY

 

This Site is owned and operated by Dorling Kindersley Limited ("DK") and the information and materials appearing on the Site ("the Content") are displayed for personal, non-commercial use only. All software used on this Site and all Content included on this Site (including without limitation Site design, text, graphics, audio and video and the selection and arrangement thereof) is the property of DK or its suppliers and is protected by international copyright laws. None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited. Requests to republish any of the Content and to use quotations or extracts from any books published by DK should be addressed to:

 

Dorling Kindersley Limited Penguin Group (UK), 80 Strand, London WC2R 0RL United Kingdom.

 

Email: editor@dk.com

 

'Dorling Kindersley', 'DK', 'Eyewitness' and the open book logo are registered or unregistered trade marks of DK.

 

2. LIABILITY DISCLAIMER

 

The Site is provided by DK in good faith but DK does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law.

 

The contents of the Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision. There is no guarantee that the Site will be free of infection by viruses or anything else which may be harmful or destructive.

 

To the extent permitted by law, DK hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.

 

3. CHANGES TO THESE TERMS

 

DK reserves the right to add to or change these Terms and agrees to ensure that a note of the date and clause number of any such amendments will be included as part of the Terms. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Site after that time.

 

4. USER INFORMATION

 

DK collects information on what pages are accessed or visited by consumers, as well as information volunteered by the consumer, such as survey information and/or site registrations. DK uses this information for internal review, in order to improve the content of the Site and to notify consumers about updates to the Site. DK guarantees that if you supply your address on-line you will only be sent the information for which you provided your address but if you do not wish to receive e-mail from DK in the future, or if you wish to be removed from mailing lists, please let us know by writing to Dorling Kindersley, Penguin Group (UK), 80 Strand, London WC2R 0RL, United Kingdom or emailing press@uk.dk.com.

 

5. POSTING OR SUBMITTING CONTENT

 

DK does not vet and is not responsible for any information or materials which are posted in any area on the Site, including but not limited to member travel journals, photographs, discussion forums and blogs (together known as the "Public Areas"). Any content, recommendation or other information within the Public Areas is viewed and used by you at your own risk and DK does not warrant, in any respect, the accuracy or reliability of any of the information posted in the Public Areas. The views expressed in the Public Areas are those of the individuals and are not necessarily those of DK.

 

DK does not moderate content before it is posted but retains the right to delete, move, edit, update or otherwise alter content in any way, at our discretion and without notice.

 

By posting your comments or materials on the Public Areas, you grant us a non-exclusive, perpetual, royalty-free, world-wide licence to use, reproduce, modify, adapt, translate, publish, distribute and display any content you submit to us in any format now known or later developed. If you do not want to grant us these rights, please do not submit your comments or materials to us. You may use the Public Areas only to post content that is proper and appropriate to such areas and you must not do any of the following:

 

1. post unlawful, defamatory, obscene, threatening, offensive, harmful or otherwise objectionable content (this includes text, graphics, video, programs or audio);

 

2. delete any author attributions, legal notices or proprietary designations or labels in any content that is posted;

 

3. falsify the origin or source of content that is posted;

 

4. post content in a language other than English;

 

5. post content that violates the legal rights of others, in particular, material that contains the intellectual property rights of third parties unless you have obtained all necessary licences and consents to use such content;

 

6. advertise, promote or offer to sell any goods or services;

 

7. contribute content with the intention of committing or promoting an illegal act;

 

8. use inappropriate (e.g. vulgar or offensive) user names;

 

9. post content that contains viruses or that may damage DK's or another user's computer;

 

10. reveal any personal information about yourself or anyone else (for example, email address, telephone number or postal address).

 

If you are under 16, please obtain your parent or guardian's permission before you register to post any comments or materials.

 

DK shall be entitled at any time to delete, remove, or suspend the whole or any part of the Public Areas or any content posted on them without notice and without incurring any liability. If you find objectionable or offensive material in the Public Areas please let us know as soon as possible by emailing editor@dk.com

 

6. HYPERTEXT LINKS AND LINKS TO THIRD PARTY WEBSITES

 

The Site may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us. Please note in particular that products advertised on our website are not sold be DK. The sale of these products is subject to the relevant retailer's terms and conditions and DK does not accept any liability to you in respect of your purchase of such items from those retailers.

 

You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.

 

7. CONTACT

 

Should you have a compliant or should you wish to contact our Customer Services Team for any reason please do so through the following email: help@dkorders.com

 

8. SEVERANCE

 

If any of these Terms are held by a court of law in any territory to be invalid, illegal or otherwise unenforceable, then, to the extent that it is held to be so, and with regard to the relevant territory only, that provision shall be severed and deleted from these Terms, provided that the remaining provisions of these Terms shall remain binding and enforceable and the severed provision shall also remain so in all other territories.

 

9. GOVERNING LAW

 

These Terms shall be governed by, and construed in accordance with, English law, and any disputes that may arise under or in relation to these Terms shall be subject to the jurisdictionof the courts of England.

 

10. TERMS AND CONDITIONS OF SALE

 

1. These Terms and Conditions of Sale apply to any order you place through www.dk.com (the Website) and they comprise the terms on which you are permitted to purchase items from Dorling Kindersley Limited (us, also referred to here as we).

If you submit an order for any item advertised for sale on this Website, this shall be taken to constitute acceptance by you of these Terms.

 

ABOUT US

2. We are Dorling Kindersley Limited of 80 Strand, London, WC2R 0RL.  If you have any questions about our products or your order, you may contact our customer services team as follows:

In writing:  to DK Returns, PO Box 48, Westham, East Sussex, BN23 6WB

By phone:  +44 (0)203 176 2939

By email:  help@dkorders.com

 

ORDERING

3. You may only order items advertised on our Website by using the ordering system on the Website.  Your order will be made when you press the “Place Order and Pay” button at the end of the checkout process.   We will take your payment at this point.

4. After we have received your order and taken your payment, we will send you an email confirming the details of your order and to let you know that we are processing it (the Confirmation).

5. We only deliver to the UK. Unfortunately, while we may accept orders from outside the UK, we can only deliver to addresses in the UK. 

6. If we are unable to accept your order, we will inform you of this by email to the address you have supplied to us and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because you are not in a position to be able to pay for your order in full, 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.

7. Please note that, as soon as you place your order and complete your payment, your order will be sent to our processing server and we will be unable to prevent your items being dispatched to you.

 

OUR CONTRACT WITH YOU 

8. Your order will only be accepted by us when we have taken your payment, at which point at which point a contract will be formed between you and us comprised of these terms (as amended by us from time to time), the price and other information about the relevant products set out on the Website. In the event of any discrepancy between the product information or prices set out in the Confirmation and those set out for the same product on the Website, the details set out in the Website will apply and take precedence.

9. We reserve the right to change these Terms at our discretion and at any time. We will ensure that a note of the date and clause number of any such changes will be made in these Terms. Any changes will be posted to this Website and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop on the Website after that time.

 

CANCELLING YOUR ORDER

10. You may cancel your order at any time from placing your order until the date 14 calendar days after the date of delivery.

11. You may also terminate this contract if the goods are faulty or not as described or if they are delivered late (provided you told us before we accepted your order that the specified delivery deadline was essential).

12. How to Cancel your Order:

During the cancellation period set out in clause 10 above, you may cancel your order by contacting our customer services team using the details above, giving a your name and address, clearly stating that you wish to cancel your order and giving the details of the relevant order including any order numbers that we have sent you.  You may use the example cancellation form available here if you wish but it is not compulsory.

13. Exceptions

The only circumstances in which you cannot withdraw the order are where the products that you wish to return are audio, video or computer software products that have been removed from the sealed package in which they were delivered or any bespoke or personalised items which have been created specifically for you.

 

RIGHT TO REJECT GOODS

14. Under the Consumer Rights Act 2015, your products must be of satisfactory quality, fit for their intended purpose and as described.  If the products do not meet these requirements or are defective or damaged when you receive them, you have a statutory right to (i) reject the goods or (ii) to a repair or replacement or (iii) to accept the goods and receive a reasonable refund from us.  Your right to reject defective goods under this clause 14 last until the date 30 days after you receive the goods. 

We reserve the right to check if items are damaged or defective before agreeing to reimbursement and may ask for proof of damage or defect. We will refund you the cost of damaged or defective products, our delivery charges and your reasonable return charges.

 

DELIVERY

15. Delivery:

  • Unless we agree with you otherwise, we will deliver your products to the address specified in the Confirmation (the Delivery Address) within the time-frame set out in the Confirmation.
  • The cost of delivery to the delivery address will be as set out in the Confirmation and must be paid by you.
  • The products will be delivered to you by our fulfilment contractor Gardners Books Ltd or their sub-contractors.
  • You own a product once we have received payment in full.  You will be responsible for the products from the time when they are delivered to the Delivery Address.

16. Re-arranging delivery:

If, after a failed delivery, you do not re-arrange delivery or follow the carrier’s instructions to retrieve the products, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you for any storage and transport costs in respect of your order.

17. Suspension of supply:

We may have to suspend the supply of a product to deal with technical problems or make minor technical changes or to update the product to reflect changes in relevant laws and regulatory requirements. If we suspend the supply of a product, we will contact you in advance to tell you we will be suspending supply, unless the problem is urgent or an emergency

 

RETURNS AND REFUNDS

18. Returns

  • If you cancel your order, you must return any unwanted products with the original packaging within 14 days of delivery or within 14 days of cancellation, whichever is later.  We are entitled to withhold any refund until we have received the relevant products.
  • You are responsible for paying the cost of any returns of products except in the circumstances set out in clause 14 above below.
  • You are required to take reasonable care of the products while in your possession and we reserve the right to deduct from the refund any loss in value of the products supplied if the loss is a result of your use, misuse or handling of the products over and above what is necessary to establish their nature, characteristics and functioning.
  • Cancelled or rejected products must be returned to:
  • DK Returns, PO BOX 48, Westham, East Sussex, BN23 6WB

19. Refunds

  • Subject to clauses 18 (a) and (b) above, we will credit your payment card with the price actually paid by you for the unwanted products and our standard delivery charges within 10 business days following our receipt of the returned products or, if you cancel your order before we dispatch your products, within 10 business days from the date of your cancellation.
  • Refunds will be credited to the card with which you paid for your order and will not be paid in cash.

 

THE PRODUCTS

20. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product also may vary from that shown in images on this Website.

21. You acknowledge that all information and specifications relating to the products and any material produced by us are approximate only. We may correct any error on this Website without any liability.

22. We may make any changes in the specification of the products to conform with any applicable safety or other statutory requirements which do not materially affect the products quality or performance.

23. We may withdraw from the market any products without prior notice, or liability, to you.

24. If we provide you with information about the use for which the products are designed and about any conditions necessary to ensure that the products will be safe, then you must use the products accordingly.

 

PRICE

25. Subject to clause 27 below, the price of each product shall be price for that product set out on this Website on the date you place your order. 

26. The stated price of the products is inclusive of any applicable Value Added Tax.

27. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. 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 products provided to you.

28. We reserve the right to revise the price of any items on this Website without notice.

 

PAYMENT TERMS

29. Your payment will be made to our payment services provider, Adyen B.V., who accept payment with the credit cards and debit cards listed in the FAQ section of this Website on the date on which we accept your order

30. For products, you must pay for the products before we dispatch them.  We will charge your credit or debit card when you confirm your order.

 

YOUR INFORMATION

31. Any personal information that you provide to us or our service providers will be only be used in accordance with our Privacy Policy and as set out below.   

32. When submitting your personal details and payment information for products on this site, you are submitting them to our payment services provider, Adyen B.V., who may store that information on servers outside the European Union.  By submitting an order on this Website, you confirm that you are happy for your information to be transferred to servers outside the European Union and to the use of that information by Adyen B.V., solely to process your order.  For more information on how Adyen B.V., will use your information, please see here.

33. Your personal information will also be sent to our fulfilment services provider Gardners Books Limited who will use that information solely to process your order and to deliver your products to you.  By placing an order you agree to us sending your information to Gardners Books Limited and to them using your information as described above.

 

INTELLECTUAL PROPERTY

34. All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the products) used in the products (together "the Intellectual Property") are and shall remain the property of us or of our licensors.

35. Other than as stated in Clause 36 below, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder's rights.

36. All Website design, text and graphics appearing on this Website and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this Website for the sole purpose of placing an order with or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.

 

LIMITATIONS ON LIABILITY

37. We shall not be liable in respect of any defect in the products arising from your neglect, failure to follow our instructions, misuse or improper alteration or repair of the products.

38. Nothing in these Terms shall exclude or limit our liability arising by virtue of the Consumer Protection Act 1987, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations and the Consumer Rights Act 2015 or our liability for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.

39. Except for the warranties implied into these terms by the Consumer Rights Act 2015 and the Sale of Goods Act 1979, the products are provided on an “as is” basis and all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law.

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

  • any loss of anticipated profits or expected future business;
  • damage to reputation or goodwill;
  • any damages costs or expenses payable by you to any third party;
  • loss of any order or contract; or
  • any loss that was not foreseeable by you and us at the time our contract was formed; or
  • any loss not caused by any breach by us.

41. Without prejudice to any other provision of these Terms, we will not be in breach of this contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control. This clause 41 does not affect your statutory rights.

 

GENERAL

42. Any notice required under these Terms must be in writing. In our case it must be addressed to our registered office or principal place of business or any other address that we notify to you from time to time whether on the Website or otherwise. Any notices to you will be sent to your usual billing address.

43. Any notice shall be deemed to be served:

  • sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or
  • if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or
  • if sent by fax to the recipient's fax number at the date and time given on the sender's transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.

44. If any of these Terms 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 Terms and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

45. Each Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.

46. Failure or neglect by either party to enforce at any time any of these Terms shall not be a waiver of that party’s rights and it shall not affect the validity of the whole or any part of these Terms or the Contract or prejudice that party's right to take subsequent action.

47. Nothing in these Terms is intended to confer on any third party any benefit or any right to enforce any of these Terms.

© 2016 Dorling Kindersley Limited. Registered Number 01177822, England. Registered Office: 80 Strand, London, WC2R 0RL. 'Dorling Kindersley', 'DK', 'Eyewitness' and the open book logo DK are trade marks of Dorling Kindersley Limited.
DK Books