Use of these Spunk Books Websites are subject to the following terms and conditions which all users of the Websites accept upon accessing these sites. Users will only be permitted to access the sites once they have signed up to buy books from our Websites.
All users of these sites must be aged 18 or over due to the adult content of our Publications. In accepting these Terms and Conditions, you are warranting that you are aged 18 or over and consent to viewing content of an adult nature. If you are not 18, or do not wish to view adult material please leave these Websites now.
A. Terms and Definitions
1. “eBooks” and “Audio books” refer to all works published electronically and displayed on these Websites. “Print books” refers to all works published in Print available from these Websites (together “Publications”). Some Publications contain literature which is of an adult nature and only suitable for persons aged 18 and above.
2. “Author’s” means the person’s who have written the Publications available via these Websites.
3. “Customer’s” means any person’s aged 18 or over buying one or more Publications from the Websites.
4. “Member’s” means any person’s aged 18 or over who have registered with us.
5. “User’s” refers to people visiting these Websites whether or not they purchase anything from them.
B. Right to Amend Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time and any changes made will come into effect at the time they are posted. The latest amendment date will be displayed at the bottom of the Terms and Conditions. You will be bound by the Terms and Conditions displayed on these sites at the time you access the sites and enter into any transaction with us and you are therefore strongly advised to check the Terms and Conditions before making any purchase.
C. Content and Access
Our publications are often of an adult nature and contain adult themes suitable only for persons aged 18 and over. By accepting these Terms and Conditions you hereby consent to viewing content of an adult nature and expressly waive any rights arising as a result of the content viewed or read in any of our Publications. If you are unable to confirm this, or unwilling to give this waiver, please do not proceed any further and leave our site immediately. We shall not be responsible or liable for anything arising as a result of viewing of material deemed by some to be offensive.
Author’s descriptions, Publications and accompanying text are all subject to our prior approval and we reserve the right to refuse to display any Publication or content that we deem to be unacceptable.
We own the content of these Websites including logos, graphics and text, save in respect of all eBooks, audio books and Print Books where the copyright is owned by the respective Authors. You are prohibited from copying or reproducing all or any part of any images, artwork, graphics or other materials contained on these Websites. Copying of any or part of any images, artwork, graphics or other materials on these Websites will amount to infringement including, but not limited to, copyright infringement and/or infringement of registered designs.
We strictly prohibit the use of our Websites for any illegal or immoral activity and any content found to contravene our Terms and Conditions will be removed and perpetrators may be prosecuted.
D. Availability of Websites and Publications
We aim to update our Websites on a regular basis and this may mean that certain Publications are not be available in the future. Any Publications displayed on our Websites are invitations to treat at that time, and do not represent offers by us to sell to you. However, your enquiries about an eBook or Print Book are always welcome via email and we shall answer your queries wherever possible.
We will endeavour to have our Websites accessible at all times and running efficiently but we accept no responsibility for any unscheduled downtime which may occur as a result of our servers experiencing technical problems, or the need to carry out emergency maintenance work.
Neither we nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to our Websites’ availability may occur due to causes beyond our control, such as system malfunction or failures of third parties. In these circumstances, we will use our reasonable endeavours to restore the service as soon as reasonably practicable.
We shall not be liable for any failure to perform our obligations if caused by matters beyond our reasonable control, including the following: acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster; war, invasion, act of foreign enemies, hostilities, (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
E. Product Description
Our Authors are contracted to provide us with accurate descriptions of themselves, their work and any of their Publications which are displayed on our Websites. Although we will make reasonable endeavours to check the accuracy of the information, we are not responsible or liable for any discrepancies or inaccuracies. If you require any further information about a particular Publication, please contact us via email.
F. Limitation of Liability
We shall not be liable in the event that any Publication is found to be an infringement of an earlier eBook, audio book or Printed Book and you agree to indemnify us against all and any claims for infringement of any intellectual property rights brought by a third party as a result of your use of the eBook, audio book or Printed Book.
We neither make nor give any representations or warranties express or implied as to the quality, suitability or authenticity of any Publication on our Websites and under no circumstances will we be liable for any damages including, without limitation, direct, indirect or consequential loss or damage of any kind however caused and whether arising under contract, tort or otherwise save that we cannot exclude liability for any personal injury or negligence.
By using our sites, you agree to indemnify us against any losses or liabilities incurred directly by us as a result of any breach or non-observance by you of any of our Terms and Conditions.
G. Purchases and Payments
All purchases made via our Websites are subject to these Terms and Conditions which you will be asked to re-confirm before making any purchase.
From time to time, and entirely at our discretion, we may offer promotions, sales or offers on all or any of our Publications on such terms and for such periods of time as we consider suitable. There may be additional promotional incentives available to our Members.
Any Publication displayed on our Websites is an invitation to treat, and by initiating an order and continuing through to our shopping basket you are making an offer to us to purchase the Publication in question from our Websites. You will be notified of our acceptance of your offer when you receive an email from us confirming the products you have ordered, the quantity, a unique customer order reference number and any gift voucher or discount applied. At this stage, there will be a legally binding contract between you and Spunk Books.
We reserve the right, and it is entirely at our discretion, to refuse any offer to purchase books made by a Customer and/or User of our Websites.
Prices may be stated in GB Pounds, Euro or US Dollars and we accept the following major cards: Visa, Visa Electron, Switch, Maestro, International Maestro, Solo and MasterCard. Our card payment service is provided by PayPal and we do not at any material time have access to our Customers’ card details.
We are responsible for facilitating the download of our Customers’ purchased eBooks and audio books. When you purchase of your eBook or audio books, you will receive a confirmation from us in accordance with clause G above.
In the event that an eBook or audio book becomes unavailable before being downloaded, we will arrange for a full refund of the amount you have paid, to the account from which the payment was deducted.
I. Cancellation of an Order
If you wish to cancel an eBook or audio book order you may only do so before it has been downloaded. To cancel, you must email firstname.lastname@example.org giving all the details of the order. Providing that we receive the cancellation notice before the eBook or audio book has been downloaded, we will arrange for a full refund of the amount you have paid, to the account from which the payment was deducted. There are no refunds due if you have cancelled your order after the eBook or audio book has been downloaded.
You have seven working days from the date of receipt of a downloaded eBook or audio book to decide whether or not you want to keep the eBook or audio book or return it for a refund. This is known as the ‘cooling off’ period and you are entitled to this period pursuant to the Consumer Protection (Distance Selling) Regulations 2000. If you return the book within the cooling off period, we will refund the price of the book to the account from which payment was deducted as long as you have not downloaded the book.
J. Member Incentives
We greatly value our Members and by registering to become a Member, you can benefit from a Reward Scheme based on, for example, the number and value of purchases made, participation in reader surveys and friend referrals. We also offer special promotions and competitions from time to time which are only available to Members. Please see our Members page or email us for more details.
K. Gift Vouchers
We offer a variety of gift vouchers of different denominations for use against purchases from our Websites. Payment made for gift vouchers is strictly non-refundable and non-transferable and there are no exceptions.
Misuse of gift vouchers or the ‘recommend a friend’ feature will not be tolerated. For the avoidance of doubt only one account is allowed per person as the gifter, and is limited to recommending 5 friends per week. ‘Friends’ must be legitimate people. Ghost accounts will be terminated and legal action taken against any fraudulent activity.
Businesses or sites wishing to affiliate with Spunk Books are invited to email us for details of our application and approval procedure.
(1) The information we collect and how we use it
1.1 New Customer registration
When you first visit our Websites, and before you can complete an order, you are required to register as a member. During this registration process, we collect personal data including your name, postal address, e-mail address, contact number and date of birth (“Customer Information”). We gather Customer Information to allow us to process your orders, and to collect payment when required. The data is also used by us to communicate with you on any matter relating to your order and use of the service we provide. Customer Information is stored in a database on our servers for the duration of your registration, after which time it is archived and the financial components kept for seven years in line with financial regulation. We do not store debit/credit card details and each time you place an order you will be prompted to enter your payment details. We will not share this information with any third party except where required to do so by law. By registering on our Websites you are consenting to us using your data and sending you sales and promotional materials unless you have opted out.
1.2 Use and Disclosure by the Company
We may also use aggregate information and statistics for the purposes of monitoring Website usage in order to help us develop our Websites and our services. These statistics are to examine trends and not individual site usage and as such will not include information that can be used to identify you as an individual.
From time to time we run competitions on our Websites, or host competitions run by third parties, such as our Authors. We will collect data for these purposes and may retain that information for marketing purposes.
2.1 Per-session cookies – these are used while you are browsing on our Websites. They allow the site to remember essential details for you such as, items in your basket and preferences you have chosen. These cookies also help us monitor traffic through the Websites. We do not store any personal information in these cookies; and
2.2 Auto logon cookies – these store some personal data in order to allow you to log on automatically when you visit our Websites.
We also use analytics software to track interaction with our Websites and to track Customer downloads.
With most web browsers it is possible to configure your Internet browser so that it can refuse new cookies, prompt you to accept a cookie or disable cookies altogether. How you do this will depend upon the Internet browser you use (for example Internet Explorer 5, Netscape etc). If you decline to accept our cookies, our Websites will not operate correctly. For further details on cookies we recommend that you visit www.allaboutcookies.org
(3) How we protect your information
The Internet is not a secure medium. However, security and controls are built into our Websites to offer you as much protection as we can provide. We also keep your data confidential subject to the purpose for which the details were collected. The internal procedures of the Data Controller cover the storage, access and disclosure of your data.
(4) Sale of business
In the event that Spunk Books is sold or integrated with another business, your data may be disclosed to our legal and financial advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
(5) Updating Your Details
If any of the data that you have provided to us changes, for example if you change your e-mail address, name or address, please email us to let us know. Once you have registered as a Member, you will be able to update your information via your own account with us.
(6) Your Consent
Owing to the global nature of the Internet infrastructure, the data you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. By registering as a member on our Websites and submitting your data, you consent unequivocally to these transfers.
N. Data Protection and Confidentiality
The personal data (limited to name, address, email and phone details and date of birth) accessed by us during a sale transaction will be stored in a database in accordance with the rules under the Data Protection Act 1998. The information collected will be used to process your order accurately and may be used to inform you of any of our offers or news from time to time. It will not be passed on to any third parties or used to inform you of any offers from any third parties.
If you do not wish to receive news and information on special offers from us, do not tick the option when creating a new account on the Websites.
O. Links/Third Party Sites
Our Websites provide links to third party sites on the Internet. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under our control and, by continuing to use our Websites, you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of links to third party sites on our Websites does not imply endorsement of those sites by us, or any association with their operators.
Spunk Books is a company registered and based in the United Kingdom and these Terms and Conditions, and any disputes arising as a consequence of them, shall be governed and determined by the law of England and Wales. Our Customers and Users of these Websites agree to submit to the exclusive jurisdiction of the English Courts.
Spunk Books makes no warranty or representation that materials on its Websites are appropriate in jurisdictions other than the United Kingdom, including jurisdictions where the contents may be considered illegal or prohibited. Users of these Websites that choose to access the Websites from other jurisdictions will be doing so on their own initiative and at their own risk and will be responsible for compliance with the domestic laws applicable to the territory from which the Websites are accessed.
R.Entire Agreement and Severability
These Terms and Conditions constitute the entire understanding between Spunk Books and its Customers and/or Users of its Websites (“the Parties”) with respect to the subject matter of these Websites. They supersede all prior terms and agreements between the Parties relating to them.
If any clause of these Terms and Conditions is held invalid or unenforceable, that clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties, and the remaining clauses shall remain in full force and effect.