Terms & Conditions
THE FOLLOWING CONTAINS THE TERMS AND CONDITIONS ON WHICH A Way With Media offers you access to its web site and to any other services it may offer. Use of A Way With Media's web site ASSUMES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
If you ('the Buyer') have any queries about our terms and conditions or any other query please contact us. We may amend the terms and conditions on which we offer you access to our services. Any amended terms and conditions will be posted on our web site and the date of posting to our web site specified. The amended terms and conditions will automatically become the terms and conditions on which we offer you access to our services 30 days after the date of posting to our web site. These terms and conditions were created on 1st June 2019.
1. Eligibility to use our services
Use of our web site and services is available only to Private and Trade Buyers. A Trade Buyer means an individual, corporation or partnership who buys books for re-sale.
Use of our web site is only available to Minors with the permission and supervision of a responsible adult. A Minor is a person under 18 years of age.
2. Applicability of Conditions
These conditions shall be deemed to be incorporated in and shall govern all contracts (whether in writing or otherwise) between A Way With Media and you the buyer for or in relation to the supply of Goods and/or Services by A Way With Media.
3. No charges or fees for buyers viewing the A Way With Media web site
There are no registration charges or fees for buyers viewing our web site. Payments are due to A Way With Media only if you make an order and it is accepted by A Way With Media and goods are despatched to you. You are responsible for all hardware, books, services and other costs whatsoever incurred.
4. Buyer Registration
If you are a Trade Customer then in order to use our web site and qualify for a trade discount you must register with us by providing us with Buyer Information. Buyer Information means the information you provide to us during registration or subsequently.
Prior to the acceptance by A Way With Media of your order, no quotation or web site listing constitutes an offer and any quotation or web site listing may be withdrawn or revised at any time.
Prices for goods posted to the web site by A Way With Media maybe subject to variation and may be increased at any time, although once an order has been received from you, you will be informed of any changes in price prior to the order being accepted by A Way With Media and the goods being invoiced to you.
Unless otherwise stated prices are exclusive of VAT, other duties and taxes.
6. Supply and Return
Risk of damage to or loss of goods supplied to you by A Way With Media, shall pass to you at the time of delivery, or if you wrongfully fail to take delivery of the goods, at the time when A Way With Media (or any company working on behalf of A Way With Media in the supply of the goods) has tendered delivery of the goods.
Goods are not supplied and sold on a sale or return basis. Unless the goods are proven to be defective, or otherwise unsaleable, or to have been inaccurately described, A Way With Media will not accept the return of goods for any reason whatsoever, unless such return is agreed in writing by an authorised representative of the company.
Any dates quoted for delivery of goods are approximate only and A Way With Media shall not be liable for any delay in delivery of goods howsoever caused.
Delivery will be made using A Way With Media's standard carriage arrangements. Should any additional charges be incurred by the company in complying with any special requests for delivery made by you the buyer these costs will be payable by you.
Our terms are strictly net. No settlement discounts or other deductions may be made against amounts due on our invoices or statements.
All private orders must be paid for in advance by Credit, debit card or Paypal.
9. Retention of Title to Goods
Ownership of the goods shall not pass to you the buyer until you have paidA Way With Media in full for the purchase price of the Goods under a relevant contract although the risk therein shall pass to you the buyer on delivery.
The buyer shall be entitled to sell the goods in the ordinary course of business on the basis that, to the extent permitted by law, the proceeds of sale shall be the property of A Way With Media. You the buyer agree to account to the company on demand in respect of such proceeds and if so required by the company to execute a formal assignation of all claims against your customer.
10. Intellectual property rights
To the extent that all copyright and other intellectual property rights throughout the world in information supplied by you in connection with our web site and services does not vest in A Way With Media by operation of law, you agree to grant to us (free of charge) an [exclusive], perpetual and royalty-free licence to use such information for any purpose.
11. No guarantee
We provide the A Way With Media web site "as is" and on an "available basis". We do not guarantee continuous, uninterrupted secure or timely access to our web site or services, and operation of our web site or services may be interfered with by numerous factors outside of our control and we cannot be held responsible for any loss suffered by you in connection therewith
A Way With Media shall not be liable to the buyer or be deemed to be in breach of its agreement with the buyer by reason of any delay in performing or any failure to perform any of its obligations in relation to the goods if the delay or failure was due to any cause beyond A Way With Media's control.
If the buyer should become insolvent or enter into any voluntary arrangement with its creditors or become subject to an administration order, or become bankrupt or going into liquidation other than for the purposes of amalgamation or reconstruction, or if an encumbrancer takes possession or a receiver is appointed for any or all of the property or assets of the buyer, or if A Way With Media shall reasonably apprehend that any of the events mentioned above is about to occur in relation to the buyer and notifies the buyer accordingly then without prejudice to any other right or remedy available to A Way With Media, the company shall be entitled to cancel the agreement for the sale of the goods or suspend any further deliveries under such agreement without incurring any liability to the customer, and if the goods have been delivered but not paid for the price shall become immediately due and payable not withstanding any previous agreement or arrangement.
14. Severance of terms and conditions
If any provisions of these terms and conditions are held to be illegal or unforeseeable these provisions will be severed and the remainder of these terms and conditions is substantially frustrated.24. Clause headings
Clause headings are inserted for convenience only and will not affect the construction of these terms and conditions.
15. Terms and conditions subject to the law of England and Wales
In the event of a dispute arising out of or in connection with these terms and conditions (irrespective of where the parties to that dispute may reside) that dispute is to be determined according to the laws of England and Wales.
26. Third Party
No person or body (other than the parties under these terms and conditions) who has not been given specific rights or benefits under these terms and conditions shall be entitle to enforce any rights or benefits against A Way With Media in accordance with the Contracts (Rights of Third Parties) Act 1999 and the provisions of the said Act are hereby excluded.
27. Privacy and GDPR
We have made every effort to display as accurately as possible the pricing and availability, colours, description of products, or other content that appears on the A Way With Media website. Unfortunately, it is not possible to ensure that the website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, colours, description of products, or other Content on this Website. A Way With Media reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions — including after an order has been submitted — and to change or update information at any time without prior notice to you. All products displayed on the Website are available unless otherwise stated (sold out marker). The prices displayed on the Website are quoted in Pound Sterling.