[Last updated: 1 April 2020 | Ostatnia aktualizacja: 1 kwietnia 2020]
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
„Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
„Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
„User” means a user of Our Site;
„User Content” means any content submitted to Our Site by Users including, but not limited to, product reviews;
„Contract” means a contract for the purchase and sale of Goods, as explained in Clause 24;
„Goods” means the goods sold by Us through Our Site;
„Order” means your order for Goods;
„Order Confirmation” means our acceptance and confirmation of your Order;
„Order Number” means the reference number for your Order;
„We/Us/Our” means Kendra Publishing Ltd, a company registered in England under 10025144, whose registered address and trading address is The Vassall Centre, Gill Avenue, Bristol, England, BS16 2QQ, United Kingdom.
2. Information About Us
Our Site, www.kendra.com.pl, is owned and operated by Kendra Publishing Ltd, a limited company registered in England under 10025144, whose registered address and trading address is The Vassall Centre, Gill Avenue, Bristol, England, BS16 2QQ, United Kingdom. Our VAT number is GB295850263.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided „as is” and on an „as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
4.2 You may not create an Account if you are under 16 years of age. If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at firstname.lastname@example.org. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information within 14 days from your notification. In order to close your Account, please email us at email@example.com. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.8 If you close your Account, any User Content you have created on Our Site will be deleted or anonymised by removing your username and avatar.
5. Intellectual Property Rights
5.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3 You may:
5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching;
5.3.3 Print one copy of any page(s) from Our Site;
5.3.4 Download extracts from pages on Our Site; and
5.3.5 Save pages from Our Site for later and/or offline viewing.
5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
6. User Content
6.1 User Content on Our Site includes (but is not necessarily limited to) product reviews.
6.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
6.4 If you wish to remove User Content from Our Site, please contact us on firstname.lastname@example.org. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.5 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7. Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 You may link to any page of Our Site.
7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at email@example.com for further information.
7.4 You may not link to Our Site from any other site the main content of which contains material that:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 implies any form of affiliation with Us where none exists; infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party;
8. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.3 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
10. Our Liability
10.1 Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.2 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
11. Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
12. Acceptable Usage Policy
12.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
12.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or is otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
12.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
12.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
12.3.3 issue you with a written warning;
12.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 take further legal action against you as appropriate;
13. Privacy and Cookies
14. Changes to these Terms and Conditions
14.1 We may alter these Terms and Conditionsat any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
14.2 In the event of any conflict between the current version of these Terms and Conditionsand any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
15. Contacting Us
To contact Us, please email Us at firstname.lastname@example.org or use any of the methods provided on Our contact page at www.kendra.com.pl.
16. Communications from Us
16.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions and changes to your Account.
16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com.
17. Data Protection
17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation („GDPR”) and your rights under the GDPR.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales, Northern Ireland and Scotland.
18.2 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland.
18.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non exclusive jurisdiction of the courts of England & Wales, Northern Ireland or Scotland.
TERMS OF SALE
19. Access to and Use of Our Site
Access to Our Site has been described in Clause 3.
20. Age Restrictions
Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
21. Business Customers
These Terms and Conditions do not apply to customers purchasing Goods in the course of business. If you are a business customer, please contact us on firstname.lastname@example.org.
22. International Customers
Although We are based in the United Kingdom we ship our Goods to customers in many countries. Shipping charges are calculated automatically on our website during the checkout. Shipping prices depend on the country and region we are shipping to. If your country is not listed on our website this means we do not ship to this country.
23. Goods, Pricing and Availability
23.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
23.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
23.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
23.2 Please note that sub-Clause 23.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 27 if you receive incorrect Goods (i.e. Goods that are not as described).
23.3 Where appropriate, you may be required to select the required size, model, colour, number, etc., of the Goods that you are purchasing.
23.4 We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site.
23.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.
23.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
23.7 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 5 business days, We will treat your Order as cancelled and notify you of this in writing.
23.8 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
23.9 Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
24. Orders – How Contracts Are Formed
24.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
24.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
24.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
24.4 Order Confirmations shall contain the following information:
24.4.1 Your Order Number;
24.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
24.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
24.4.4 Estimated delivery date(s)
24.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 10 business days.
24.6 Any refunds due under this Clause 24 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
25.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
25.2 We accept the following methods of payment on Our Site:
25.2.3 Bank Transfer;
26. Delivery, Risk and Ownership
26.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process.
26.2 If for any reason we are unable to deliver the Goods to your chosen delivery address, we will leave a note informing you that the Goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
26.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 26.1), if any of the following apply you may treat the Contract as being at an end immediately:
26.3.1 We have refused to deliver your Goods; or
26.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
26.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
26.4 If you do not wish to cancel under sub-Clause 26.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
26.5 You may cancel all or part of your Order under sub-Clauses 26.3 or 26.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 10 business days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We bear the cost of returning the cancelled Goods.
26.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
26.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
26.8 Any refunds due under this Clause 26 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
27. Faulty, Damaged or Incorrect Goods
27.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at email@example.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
27.2 To return Goods to Us for any reason under this Clause 27, please contact Us on firstname.lastname@example.org. We will be fully responsible for the costs of returning Goods under this Clause 27 and will reimburse you where appropriate.
27.3 Refunds (whether full or partial, including reductions in price) under this Clause 27 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
27.4 Any and all refunds issued under this Clause 27 will include all delivery costs paid by you when the Goods were originally purchased.
27.5 Refunds under this Clause 27 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
28.1 You may apply for a return in cases described within these Terms And Conditions. You can do that by contacting Us on email@example.com
28.2 Your return request will be dealt with within 14 days from the date of application. You will be informed on our acceptance or rejection of Your application via email (given during registration or during Returns process). If you do not receive any reply within 14 days it means your Return request was accepted.
29. Contract cancellation
29.1 You are allowed to cancel the Contract within 14 days from the moment of the agreement (more on forming Contract in Clause 24.)
29.2 To cancel a Contract please fill in the form attached in Appendix 1. at the end of this document. When filled, please send it via email to firstname.lastname@example.org
29.3 The cancelled Contract will be treated as never existing. After Contract cancellation Kendra Publishing Ltd will issue a full refund.
29.4 Refunds under this Clause 29 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
29.5 Due to a nature of audiobooks (electronic downoadable product not supplied on a physical media) We will not accept Contract cancellations on such items. Exception to this rule is described in Clause 29.6 below.
29.6 If you bought and paid for an digital item but never downloaded it to Your computer or device, We will accept Contract cancellations within 14 days from the date of purchase.
30. Complaints and Feedback
30.1 We always welcome feedback from our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
30.2 If you wish to complain about any aspect of your dealings with Us, please contact Us by writing to email@example.com.
31. Other Important Terms
31.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
31.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
31.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
31.4 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 calendar days of your cancellation.
Appendix 1. Contract Cancellation form
(Please use this form only when you want to cancel a Contract)
Kendra Publishing Ltd
The Vassall Centre
Bristol, BS16 2QQ
Me, [* Name and Surename], would like to cancel as follows
Purchace Contract of *audiobook(s) / book(s)
[* title / titles / purchase order number],
created on [*purchase date]
[Name and Surename]
[Postal Address of the User]
* Choose selected