Terms and conditions of sale - Spicy Plurals Media Ltd
Incorporated and registered in UK
Company number SC4559660 Registered office: 38 Winton
Crescent, Blantyre, South Lanarkshire G72 0QN
All use is subject to our Terms and conditions, which are subject to
change without notice. This Web Site is operated by Spicy Plurals Media
Ltd ("We", "Us" and "Our", as appropriate in the context).
The following standard terms and conditions will apply to all sales
unless agreed otherwise in advance, in writing or by fax or email.
Please retain a copy for your own information.
Purchase order - any order, or request for goods or services, submitted
in writing, electronically or otherwise. Us/We - the owners of
Spicy Plurals Media Ltd our agents or contractors. Products,
shall mean the equipment, parts, Software or services purchased by
Purchaser and supplied by us.
Your statutory rights under the sale of goods act are not affected. We
want you to be delighted with your purchase and we will work hard to
sort any problems that may arise!
For example if you disagree with any of our terms and conditions or
find them hard to understand, unfair or detrimental we will attempt to
modify them for our mutual satisfaction or if necessary agree to strike
those terms for your individual purchase.
These terms and conditions are provided for the protection of both
ourselves the owners and you the purchaser. Generally unless agreed
otherwise we will apply the terms and conditions in force at the time
of sale. For avoidance of doubt, we ask that you keep a copy of any
such email, fax or letter which we have agreed with you and a copy of
the terms and conditions at the time of sale, we may modify our terms
and conditions from time to time and the revision date will be noted on
We are under no obligation to accept any Purchase Order. All quotations
of the price of the Products given by us are subject to confirmation in
writing in the Order Acceptance. Acceptance of any Purchase Order is
contingent upon availability of Products and the absence of any
circumstances beyond our control which may hinder or prevent delivery.
Price quotations are valid for a maximum of 28 days after which any
offer is automatically cancelled unless otherwise agreed in advance in
To avoid any doubt, we do not operate a price protection policy. The
price for products and services will be determined at the time of
purchase. Where Products are supplied in accordance with specifications
submitted by the Purchaser (if any) then surcharges shall be applied
appropriately in addition to the price of the Products.
If the price of the Products has been based on the purchase of a
particular quantity of Products to be delivered over a specified period
of time and the Purchaser fails to purchase the agreed quantity within
the specified period, Purchaser will pay us for the difference between
the unit price charged to the Purchaser for the Products and the our
standard unit price for the Products.
The Purchaser will not be entitled to a refund, credit or price
reduction in respect of any Products (except as specified in these
terms and conditions or in the Agreement) unless agreed in advance.
Terms of Payment
Payment shall be made prior to delivery of the Products unless
otherwise agreed in writing. In the event of default in payment by the
due date, we reserve the right to charge interest on money overdue from
the due date to the date of actual payment at the rate of 4% per annum
above the base rate of the Bank of England for the time interest shall
accrue daily at such a rate after as well as before any judgment. In
addition we reserve the right to charge and administrative fee to cover
any legal costs in taking recovery actions.
In the event of default in payment of any sums owed by the Purchaser to
us all sums owed by the Purchaser to us shall become immediately due
and payable. We may also suspend or cancel deliveries of any
undelivered Products or services under any Purchase Orders until such
time as the account has been settled.
Online Website Payment
Payment options on the website may include multiple currencies, the
transaction price is indicated before you make the payment no
protection is offered against fluctuations in currency exchange rates.
Currently we offer payment systems which show pricing in GBP and EUR,
no protection is offered against pricing differences due to exchange
The lowest cost transaction is normally that indicated in GBP sterling,
other currencies incorporate processing fees and margins for exchange
rate fluctuations. This will however depend on your payment type and
card issuer, it may still be more favourable to purchase in one of the
alternate currencies depending upon individual circumstances.
The customer is responsible for selecting the most appropriate currency
for their needs. Some of the automatic payment systems will only accept
a single currency in which case the displayed price is final and
non-negotiable. If you want us to process a transaction manually then
we can offer to accept payment by money request, bank transfer or
We reserve the right to cancel, void and refund any transaction prior
to shipping if we have reason to believe the transaction maybe
fraudulent or because of circumstances beyond our control, such as
shortages, market failures, website maintenance during a transaction
etc. Generally we will always avoid this where possible and will keep
the purchaser informed of any necessary updates or changes in the
The billing address should normally be the same as the shipping
address, if not you should contact us in advance. The transaction
processor in $USD will not permit billing and shipping at separate
Manually processed Money Requests,
Bank Transfers and Cheques
Payment to us for products can be processed manually using a payment
request, unless we have shipped the goods you are not obliged to accept
the request, we will normally send you a request in Euros if you
want the request in another currency you do not need to accept the
request, instead notify us immediately, so that we can cancel the
request and generate one which suits your needs.
Once you have accepted the request it will be deemed final -
refunds based on fluctuations in currency exchange rates are not
possible. Payment requests are normally initiated by contacting us in
advance if you have received a request and need to validate it's
authenticity please contact us using the details and forms on our
If you pay by cheque or bank transfer then goods will not be released
until the funds have fully cleared, this can take a considerable time
depending on the clearing banks, additionally money transfers and
cheques can normally only be accepted in GBP sterling and will incur an
additional non-refundable handling charge of 10 GBP unless we first
It is not always possible to provide clients with online tracking but
in all cases our packages are dispatched with a registered service
which in case of problem can be tracked internally by the appropriate
postal service or courier, therefore if requested we are happy to use
Escrow and Moneybookers, there will however be no discount for using
If other payment systems and Escrow are chosen, then we may also need
to charge admin fees, in such cases we will notify you in advance
before accepting any transaction.
Refunds and Partial Refunds
No refunds for ebooks, downloadable files or bespoke services. If a
file download is not functioning for you we will test and if they truly
do not work, we will work with the author and fix any problems for you.
Proof and sample copies, of books are bespoke custom orders and
ISBN assignment is permanent and non-refundable.
Services delivered to authors on a consultancy basis are bespoke
customer orders and non-refundable.
Downloads are not returnable or refundable after purchase. If you need
assistance with a purchase or download, contact us.
If you received damaged, defective, or incorrectly packaged items, we
are happy to provide a replacement copy. Please notify us within 30
days of purchase through our online order help form.
We accept no responsibility for the quality of the content (including
misspelled words, grammatical errors, etc.), formatting, design or
overall appearance and we will not provide refunds for those reasons.
If an order is returned from a prison, we will neither refund or
For other goods and service refunds and or partial refunds will be
processed by us only after our agreement and subject to the following -
not including any admin and shipping charges which you may be liable to
pay following a cancellation we, will attempt to refund your order
using the payment mechanism you originally purchased with, however if
you have paid us by cheque or bank transfer unless you opt for the
refund or partial refund to be paid back to you by another mechanism
then we may still have to add a further processing charge.
Ownership and risk
Risk of loss or damage to the Products shall pass to the Purchaser on
delivery. The Purchaser shall examine all packaging for visible defects
on delivery and shall notify us and the postal carrier of any damage or
claims in writing within seven days of delivery or such shorter period
as specified in any consignment or delivery note or advice. It is
agreed that the Purchaser shall be deemed to have accepted the Products
and waived any claims they may otherwise have had where no claim has
been made in writing within the aforesaid period. The packaging and
contents must be retained for examination.
We warrant that during the warranty period Software, when properly
installed, will substantially conform to the specifications. We do not
warrant that Software will meet Purchasers requirements or that
operation of Software will be uninterrupted or error free. The warranty
period for Software is one year starting on the day after
delivery. The Purchaser shall by purchasing Products from us at
discounted prices waive all claims whatsoever which may arise out of or
in connection with the Products. The parties acknowledge that the
Purchaser has been given an opportunity to inspect, test and analyse
the Products offered by us and is satisfied as to their suitability,
functionality and safety.
The Purchaser accepts full responsibility for maintaining Products
after sale in such a manner that no loss, damage or injury to persons
or property shall occur. Save for our liability under the Consumer
Protection Act 1987, we shall not be responsible for any injury to
persons except to the extent such injury is caused by the direct
negligence of ourselves, our employees or agents and the Purchaser
shall insure and indemnify us accordingly. We reserves the right to
make any changes in the specification of the Products whether required
to conform to any applicable safety, regulatory or other statutory
requirements or otherwise. We makes no warranties with respect to
THE WARRANTIES SET FORTH IN THIS SECTION ARE EXCLUSIVE. ALL OTHER
WARRANTIES OR CONDITIONS WHETHER STATUTORY OR AT COMMON LAW, WHETHER
EXPRESS OR IMPLIED, WITH RESPECT TO HARDWARE OR SOFTWARE OR SERVICES
PROVIDED ARE HEREBY EXCLUDED.
Delivery and Delays
Delivery for most services takes place electronically, where as
physical goods are sent from distribution centres in major geographical
zones appropriate to the purchase, unless stated otherwise in the
description or agreed with us in advance. Prices are based on the
Products being delivered in one consignment and do not include the cost
of delivery which unless stated otherwise will be charged in addition,
this carriage or shipping cost will be shown on the checkout pages.
Unless the Purchaser requests otherwise, we will arrange delivery to
the address specified in the Purchase Order at our prevailing delivery
rates (particulars available on request) and Products will be shipped
in standard packaging.
Delivery dates are approximate. We will not accept any liability for
delay in despatch or delivery of Products nor for delay in completion
of any Products. The Purchasers attention is drawn to the fact that we
are dependent upon manufacture by third parties and shipment of
Products and/or components on the high seas. Delays, which are not
attributable to ourselves, may arise.
Any delay in delivery shall not relieve the Purchaser of any obligation
to accept and pay for any deliveries under any other Order Acceptance.
We are not liable for any loss, damages or penalty when such delay is
due to causes beyond the control of ourselves including (but not
limited to) supplier delay, war, terrorism, acts of God, yield
problems. In any such event, the delivery date will be extended by the
period equal to the delay.
Dispatch is normally made on the next business day following receipt of
payment, we will advise you of any delay in dispatch which extends
beyond 7 days by email. You will not necessarily receive a dispatch
email if the goods have been dispatched within the first 7 days
following successful clearance of payment for an order.
We aim to deliver as fast as possible but do advise that we cannot
control postal services, in the event that you have not contacted us
within 28 days from the date we notify you that dispatch has occurred,
we automatically assume that you have received all goods.
However it is not uncommon for some items to remain in transit and
clearing zones for 2-3 weeks if they are leaving the tax zones of
various regions, e.g. goods transiting outside the EU Vat Zone can take
in some cases longer to deliver.
Unless specified and agreed otherwise the 28 day delivery is the
absolute maximum nominal figure to which we work to and is specified
within our terms for purposes of insurance with our carriers - it
is not the typical delivery time for our courier options are automatic
with some products and in other cases, they can be purchased as a top
up service, in most cases with - courier service customers can
expect delivery within 3 working days, subject to availability.
Should we be aware of any reason which may delay dispatch of your order
by more than 14 days we will notify you as soon as it becomes known to
us. We are also unable to accept any liability for loss or delay due to
incorrect addressing being supplied by the customer, if a loss or delay
occurs due to incorrect address supplied by the customer then that loss
is to be borne by the customer.
Loss or Damage in Post
If an item is sent out by post or courier and is damaged, please
contact us immediately. If an item has been dispatched and is marked on
the Royal Mail (UK) / Correos (Spain) (or couriers (all) )
Website as delivered but you have not received the item then you should
contact us, we will then go through the appropriate claims and
investigations process. If you have chosen a budget delivery service,
we may not be able to provide any tracing or assistance, we recommend
all purchases to choose a trackable service.
Please note that we are unable to investigate or uphold any claims for
loss or non-delivery after 6 months has elapsed and proof of delivery
has been provided. In some cases claims can only be submitted after a
period of up to one calendar month following the date of dispatch has
Signed for delivery services are always recommended, you must provide
an address to which a 'signed for' delivery is possible some box
services will allow such shipments but it is the purchasers
responsibility to give us correct information.
BFPO / AFPO
If you request us to ship to a BFPO or other armed forces address,
please ensure that you give us correct country and contact details,
please also ensure that your post room will accept parcels via our
chosen delivery methods, and that any items we may ship to you are
permissible under your own local standing orders.
If you have any concerns you should contact us, for parcels it may be
necessary to have your post room contact us for special arrangements to
ensure a smooth transaction. As guidance anything below 2kg in weight
can transit via normal postal systems, beyond this weight and the
logistics of a particular carrier or company may not fit into the
appropriate delivery chains for BFPO/AFPO in such cases we can make
alternate carriage offers.
Shipping Agents and Online Tracking
Normally we will ship by a service which provides prompt delivery,
insurance, proof of dispatch, proof of delivery and if possible
tracking - we promise to keep purchasers updated with tracking numbers
if applicable and encourage all customers to let us know of safe
delivery of their goods - this allows us to assess the shipping agents
based on their performance.
No acceptance of Purchasers request for cancellation of an order or
rescheduling of a shipment will be effective unless agreed and
requested in writing by both ourselves and purchaser. Administrative
fees and dues may be applied according to the scope / size of the
order. You are protected under the sale of goods act distance selling
regulations to the extent that you have a 7 day cooling off period for
products, customised products modified or printed to customer
specifications are excluded and no return other than warranty claim is
For purposes of timings all goods are shipped using a recorded,
registered or courier delivery service with tracking. The 7 day timing
is working days from the date of receipt noted by the delivery company.
The customer must also return the goods at their expense to us and
reimburse our initial transaction and postal costs, whilst any shipping
method can be used, we recommend that you use a tracking service, since
proof of shipping is not proof of delivery. You must contact us first
before returning any item for special instructions.
Shipping costs following cancellation - policy
The purchaser must reimburse our initial postal costs (at cost) plus
any transaction fees which were incurred in supplying the goods, the
purchaser must then return the goods to us at their own expense
including correct customs documentation for return of merchandise. As
per the returns policy you must not return goods without our prior
Purchaser must notify shortages or damage not covered by ownership and
risk above in writing to the carrier within seven days of receipt of
delivery. Written notification of such damage or shortage including
particulars of advice note numbers and packaging condition should also
be made available to us with seven days after receipt or such shorter
period as specified in any Purchaser consignment or delivery note or
The packaging and contents must be retained for examination. The
Purchaser must advise us in writing within seven days after the date of
invoice of any non-delivery of entire batches of Products.
Affiliates and Sub Contractors
Unless otherwise agreed in writing we reserves the right to sub
contract the fulfilment of any order for Products or any part thereof.
No Products may be returned to us after delivery without prior written
consent of us. The Purchaser must notify us in writing within the
Warranty Period stating the reason for the return and the date and
number of our invoice for the Products. If we agree that the Product or
products may be returned, the purchaser will be issued with a Return
Authorisation Number, return address and procedure. A restocking fee of
25% may also be charged at our discretion.
Any Products returned without a Return Authorisation Number shall be
disposed of. Products returned as a warranty claim, which prove to be
other than a genuine warranty failure will be disposed of or held for
collection by the Purchaser and the Purchaser charged for testing and
Shipping costs following cancellation
The purchaser must reimburse our initial postal costs (at cost) plus
any transaction fees which were incurred in supplying the goods, the
purchaser must then return the goods to us at their own expense. As per
the returns policy you must not return goods without our prior consent.
Shipping costs for purposes of warranty - policy
During first 6 months we will assess the most appropriate method of
returning the goods, after inspection and testing if we agree the unit
is indeed faulty we will contribute towards your shipping costs. After
this time period the purchaser must then return the goods to us at
their own expense. As per the returns policy you must not return goods
without our prior consent.
Exclusion of Liability
In no event will either the Purchaser or ourselves be liable to the
other for loss of profit, loss of use, loss of revenue or interest,
loss of goodwill, damages, costs or expenses payable to third parties
or any other economic, indirect or consequential loss arising out of
breach of contract (except refusal to pay the price of the Products).
The Purchaser will not announce or advertise nor knowingly allow to be
announced or advertised, the existence or contents of a Purchase Order,
these terms and conditions the Agreement or any other contract or
agreement between us and the Purchaser, without the prior express
written consent of ourselves. Where we disclose to the Purchaser
information relating to the existence of or technical details of
Products or any other products prior to the release of that information
by ourselves to the general public, such information will be
confidential and cannot be published unless expressly authorised by us
No waiver or forbearance by us or the Purchaser (whether express or
implied) in enforcing any of its rights under this contract shall
prejudice its right to do so in the future.
If any of the provisions of these terms and conditions of sale are
invalid or unenforceable the same shall not violate the remainder of
the conditions or the Agreement and such conditions and Agreement shall
be read and construed as if the offending provisions were deleted there
These terms and conditions will be governed and construed in all
respects in accordance with the Laws of the United Kingdom and any
dispute will be subject to the exclusive jurisdiction of the Scottish
Chambers of Commerce.
Where we have permitted the customer to pay by credit card, and our
payment processor is US based and as such we have to display the U.S.C.
Section 2257 Compliance Notice.
We also take payments via the telephone and these transactions are
based with a UK payment processor, no data other than needed to
complete the transaction and provide warranty support is kept on our
U.S.C. Section 2257 Compliance Notice
All pictures, graphics, videos or other visual media displayed on this
Website are exempt from the provision of 18 U.S.C. section 2257 and 28
C.F.R. 75 because said visual media do not consist of depictions of
conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through
(D), but are merely depictions of non-sexually explicit nudity, or are
depictions of simulated sexual conduct, or are otherwise exempt because
the visual depictions were created prior to July 3, 1995.
The owners and operators of this Website are not the primary producer
(as that term is defined in 18 USC section 2257 or subsequent case law
defining such) of any of the visual content contained in the Website.
Suitability of products by Geographic
Where we are aware that a product will not work in a particular
location we will attempt to cancel and void the transaction unless the
purchaser has asked us specifically to ship to that location, for
example if a purchaser lives in Latin America and wants a satellite
receiver for the domestic UK market we will ship that receiver to him.
This can only be done with our prior agreement and is subject to the
customer agreeing to pay all appropriate import taxes and custom fees.
Custom Fees and Duties.
Shipments are made subject to the customer agreeing to pay all
appropriate import taxes, consumer taxes and custom fees. The
suitability and legality of any product for that state or country is
also the responsibility of the customer, if we are aware that a product
is not suitable for that country we will not ship it and try to void
the transaction. We will not be liable for any goods which are
confiscated by custom authorities. If you have any doubts please ask us
first and we will do our best to check the information for you in
Goods are dispatched from multiple outlets worldwide, goods are
normally dispatched from local centres, arriving may attract customs
charges upon delivery - the rate of which will vary from country to
country and may include an admin charge by the delivery agents.
Up to date contact details are provided on our invoices and
additionally posted on our website. Our website address is
This document was last revised November 2013
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