Terms & Conditions
The Edward Elgar Publishing site my contain links to other websites, for example author's web pages. Edward Elgar Publishing is not responsible for the privacy practices or the content of such websites.
By accessing or using the Edward Elgar Publishing website, you agree to the terms of this Edward Elgar Publishing Privacy Statement, as outlined below. If you do not agree to these terms, please do not access or use this site.
Collection of Personal Information
When you engage in certain activities on this site, such as subscribing/buying products, registering for free trials, signing up for TOC alerts, Edward Elgar Publishing may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Edward Elgar Publishing may require that you provide personal information, such as your name, mailing address, e-mail address, and other personal identifying information. When ordering products on the site, you may be asked to provide a credit card number.
When you submit personal information to Edward Elgar Publishing, you understand and agree that Edward Elgar Publishing and its subsidiaries and affiliates may transfer, store, and process your customer profile in any of the countries in which Edward Elgar Publishing and its affiliates maintain offices, including without limitation, the United States. In certain instances, the personal information you submit will remain confidential to Edward Elgar Publishing. These instances will be specifically noted at time of submission.
Edward Elgar Publishing collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to register your license and rights, if any, to technical support, upgrade discounts, or other benefits that may be made available to registered users. If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. Edward Elgar Publishing also uses information that you provide as part of our effort to keep you informed about Edward Elgar Publishing products and services.
Edward Elgar Publishing recognizes and appreciates the importance of responsible use of this information. If you do not want the information you provide to Edward Elgar Publishing to be used to inform you of other products and special offers from Edward Elgar Publishing, and you indicate this preference when you provide the information to Edward Elgar Publishing, Edward Elgar Publishing will honor your preference. We do not sell your personal information to third parties.
We publish several journals on behalf of learned societies. When you subscribe to a journal, we may share your subscription details with the organisation with whom we publish the journal, which they may use to invite you to join the organisation, or for other conferences and events they are involved with.
Edward Elgar Publishing uses ‘cookies’ and other technologies to collect information on the website to assist in monitoring the website’s web page flow, promotional effectiveness as well as to promote trust and safety.
If you decline our cookies, some features and access to some parts of the website will not be available to you or may not function properly.
If you choose to accept our cookies, you can also delete such cookies later from your computer – refer to your internet browser’s help files. If you delete the cookies, any settings and preferences controlled by those cookies will be deleted and will need to be recreated when you visit the website subsequently.
For more information on Cookies, see www.aboutcookies.org.
Username and Password
When you have registered on our website and have been provided with a username and password, you agree not to make available your username and/or password to anyone. If there is any disclosure of your username and/or password, you agree to notify us immediately, so that we can take appropriate security measures.
We reserve the right to suspend or cancel your registration at our sole discretion without giving you any reasons.
You can cancel your registration via the "unsubscribe" link at any time.
While we endeavour to ensure that the website is normally available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
You may access certain parts of the website without subscribing or providing Edward Elgar Publishing with your details.
As the information on the website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors, we reserve the right to update the website at our sole discretion. Thus, such information may be changed or updated without notice.
Intellectual Property Rights
All materials on our website are and remain the copyright of Edward Elgar Publishing or are reproduced with permission from the copyright owners. All rights are reserved. The materials on our website may be retrieved and downloaded solely for personal use. No materials may otherwise be copied, modified, published, broadcast or otherwise distributed without the prior written permission of Edward Elgar Publishing.
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Edward Elgar Publishing makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on the website for any purpose. All such information is provided "as is" and with specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. Edward Elgar Publishing makes no warranties or representations of any kind that the services provided by the website will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code.
In no event shall Edward Elgar Publishing, its employees or agents be liable for any direct, indirect or consequential damages, loss of opportunity, loss of data, loss of goodwill, loss of anticipated savings or loss of profits resulting from the use of the website even if Edward Elgar Publishing has been advised of such loss.
Neither party's liability for personal injury or death caused by negligence or for fraud is excluded or limited.
The exclusions set out in this legal notice only apply to the extent permitted by law.
We use Sage Pay to collect/process transaction information' and provide link to our security policy at http://www.sagepay.co.uk/policies/security-policy.
Sage Pay (formerly Protx) – the largest independent payment service provider (PSP) in the UK and Ireland.
Sage Pay provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Sage Pay’s utmost priority to ensure that transaction data is handled in a safe and secure way.
Sage Pay uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards.
Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.
Sage Pay is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation.
In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.
So when buying through our site, you can be sure that you are completely protected.
Your order will be processed and despatched within 5 working days.
Our despatch times are below (prices are listed on http://www.e-elgar.com/resources/help-buying-books)
UK 2nd class; Europe Airmail (8-10 working days); Eastern Europe Airmail (8-10 working days), ROW (exc. N/S America - 10-12 working days)
US Ground is a week to 10 days. Canada is 10 to 14 days. Mexico & South America 2 - 6 weeks.
We can issue credit via Sagepay within 48 hours if there is a problem with your order.
Delivery by our distributors and their Terms and Conditions
We use Marston Book Services for our distribution in the UK and Rest of the World and Books International for orders in N/S America. They both have their own separate terms and conditions for order processing and returns (see below).
BOOKS INTERNATIONAL TERMS AND CONDITIONS
Orders can be sent directly to:
Edward Elgar Publishing
P.O. Box 960
Herndon, VA 20172-0960 USA
Or call: (800) 390-3149 Orders; (703) 661-1596 from South America (703) 996-1010 Fax
Or email: email@example.com
No permission required. Returns may be made up to 12 months from invoice date. Books must be in print and in saleable condition.
Please send returns to:
Edward Elgar Publishing
ATTN: Returns Dept.
22883 Quicksilver Dr
Dulles, VA 20166 USA
MARSTON BOOK SERVICES TERMS AND CONDITIONS
1.1 ‘Buyer’ means the person, firm or company whose name appears on the invoice or credit note.
1.2 ‘Conditions’ means the terms and conditions of the sales of Publications set out below.
1.3 ‘Document’ means the invoice or credit note on the reverse of which the Conditions are printed.
1.4 ‘Marston’ means Marston Book Services Limited.
1.5 ‘the Publishers’ means those publishers for whom Marston is the agent in the sales of Publications.
1.6 ‘Publications’ means the products which the Buyer agrees to buy from Marston the quantity and description of which is set out on the invoice.
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all contracts for the sale of Publications to the exclusion of all other conditions including any conditions which the Buyer may purport to apply under any purchase order or confirmation of order or similar document.
2.2 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Marston or the Publisher.
2.3 All orders of Publications shall be deemed to be an offer by the Buyer to purchase the Publications pursuant to these Conditions.
2.4 Acceptance of delivery of the Publications shall be deemed as conclusive evidence of the Buyer’s acceptance of these Conditions.
2.5 The Buyer agrees and accepts that Marston is the agent of the Publishers in relation to all aspects of the sale of the Publications.
3. PRICE AND PAYMENT
3.1 The price for the Publications is set out on the invoice you will receive with the book and in the Publisher’s catalogue and unless indicated otherwise is exclusive of VAT.
3.2 The Buyer shall pay for the Publications within the number of days stipulated on the Document, such number of days to be calculated from the end of the month in which the Document is dated. 3.3 Interest on overdue invoices shall accrue from the date when payment becomes due, from day to day until the date of payment at a rate of 2% above Barclays Bank Plc’s base rate from time to time in force and shall accrue at such a rate after as before any judgement together with compensation for debt recovery costs pursuant to the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 and as amended and supplemented by The Late Payment of Commercial Debts Regulations 2002. Marston may withhold further supplies in the event that amounts payable are overdue or for any other reason at its sole discretion.
3.4 Any discounts to the price of the Publications are to be agreed with the Publishers.
3.5 All unavailable titles are recorded as dues unless marked cancelled on the invoice.
3.6 The Buyer may instruct Marston not to record dues. This instruction will be implemented unless the Buyer countermands the instruction for any particular order.
3.7 Marston may at their discretion elect not to record dues. All unavailable titles will be noted as cancelled on the invoice.
3.8 Marston reserves the right to levy small order charges or refuse orders that are below Marston’s minimum order value in force at the time of receipt of the order.
3.9 Invoices should be paid in full, early settlement discounts are not applicable.
4. THE PUBLICATIONS
4.1 The quantity and description of the Publications shall be as set out on the invoice subject to any temporary stock shortages).
5.1 All terms, conditions and warranties (whether implied or made expressively) whether by Marston or its servants or agents otherwise or in relation to the quality and/or fitness for the purpose of the Publications or any of the Publications are excluded.
6.1 Time for delivery of any Publications is not guaranteed and time for delivery is not of the essence in any order.
6.2 Marston shall not be liable to the buyer for late delivery or unavailable items.
6.3 Marston shall arrange for the Publications to be delivered to the Buyer’s delivery address. The Buyer shall make all the necessary arrangements to take delivery of the Publications whenever they are tendered for delivery.
7.1 The Buyer shall be deemed to have accepted the Publications 72 hours after delivery to the Buyer.
7.2 Where the Buyer accepts or has been deemed to have accepted any Publications, Marston shall have no liability whatever to the Buyer in respect of the Publications (except for any defective Publications).
7.3 Any claim for damaged Publications or for shortage of Publications must be notified in writing to Marston within seven days of receipt of the Publications, otherwise no claim will be considered.
7.4 Where dues are recorded, as shown on the invoice, they will be deemed to be accepted by the Buyer unless Marston is requested to cancel them within 72 hours of receipt of the invoice.
8. TITLE AND RISK
8.1 The Publications shall be at the Buyer’s risk as from delivery to the Buyer’s premises or to the Buyer’s appointed shippers, whichever occurs first.
8.2 In spite of delivery having been made, the property in any of the Publications supplied by Marston shall not pass to the Buyer until full payment for the Publications and any other sums owed by the Buyer to Marston has been received by Marston and until full payment has been received by Marston any Publications delivered to the Buyer by Marston remain the property of the Publishers.
8.3 Marston shall be entitled to ask for a copy of the Buyer’s insurance policy under which the Publications are insured by the Buyer.
8.4 Notwithstanding the other provisions of Clause 8 Marston and the Buyer expressly agree that until the Buyer has paid in full any sums payable by the Buyer to Marston any Publications delivered to the Buyer on this Document or any other Document up to the value of the sums owed by the Buyer to Marston remain the property of the Publishers and the Buyer shall hold them as bailee.
8.5 If the Buyer sells the Publications before payment in full has been made and if Marston so requires the Buyer shall hand over to Marston all claims for payment against the sub-purchaser.
8.6 So long as property in the Publications may not have passed to the Buyer Marston may maintain an action against the Buyer for the price of the Publications and for the expense of recovering any Publications under the power contained in the preceding sub-clause.
8.7 Notwithstanding that the property in the Publications may not have passed to the Buyer Marston may maintain an action against the Buyer for the expense of recovering any Publications under the powers contained in the preceding sub-clause.
8.8 It is agreed between the Buyer and Marston (without prejudice to the generality of Clause 8) that Marston may recover the Publications and payment shall automatically become due if:
(a) the Buyer fails to pay by the due date for any Publications supplied by Marston;
(b) the Buyer does or fails to do anything which would entitle an Administrator or an Administrative Receiver to take possession of any of its assets or would entitle any person to present a petition to wind up the Buyer; and/or
(c) the Buyer passes any resolution to wind itself up, publishes a notice convening a meeting of its creditors pursuant to Section 98 of the Insolvency Act 1986 or any statutory modification or replacement thereof; and/or
(d) the Buyer if an individual has a bankruptcy order made against it or enters into any arrangement for the benefit of his creditors generally and in any such event Marston shall not be obliged to make any further delivery to the Buyer.
8.9 The Buyer shall not pledge or in any way charge, borrow or offer any security for any indebtedness any of the Publications which are the property of the Publishers. Without prejudice to the other rights of Marston or the Publishers, if the Buyer does so, then all sums whatsoever owing by the Buyer to Marston shall immediately become due and payable.
9.1 The Buyer shall insure and keep the Publications insured to their full price against “all risks” to the reasonable satisfaction of Marston until the date when the property in the Publications passes to the Buyer.
9.2 If the Buyer fails to insure or keep insured the Publications under this clause, then all sums owing to Marston shall be immediately payable.
10. REMEDIES OF THE BUYER
10.1 Where the Buyer rejects any Publications the Buyer shall have no further rights whatever in respect of supply to the Buyer of such Publications or the failure by Marston to supply any other Publications which conform to the details set out on the invoice.
11.1 The Buyer may only return Publications for credit when this is done in accordance with the relevant Publishers returns policy and prior authorisation has been given. Unauthorised returns will not be credited to the Buyer and may be sent back to the Buyer or pulped in both cases at the Buyers expense.
11.2 Publications that are denoted “FIRM SALE” are supplied strictly on the basis that credit will not be given even if they are returned to Marston unless covered by specific legislation such as the Consumer Protection (Distance Selling) Regulations 2000.
12. LIMITATION OF LIABILITY
12.1 In the event of any breach of the Conditions by Marston, the remedies of the Buyer shall be limited to damages. Marston shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including the loss of profit) suffered by the Buyer arising out of a breach by Marston of this contract.
12.2 Under no circumstances shall Marston’s liability to the Buyer exceed the net price of the Publications set out on the invoice.
13. PROPER LAW
13.1 The Conditions shall be constituted in accordance with and are subject to the laws of England.