TERMS AND CONDITIONS
Please read through the following Terms and Conditions of book, ebook & personalized book Sale and Purchase (“Terms”) carefully. They comprise the terms on which you are permitted to purchase books, eBooks or personalized books from Apa Publications UK Ltd. (“us”, also referred to here as “we”) in the bookshop at https://shop.roughguides.com/ (the “Bookshop”) or in the personalized bookshop at https://gifts.roughguides.com/ (the “Personalized Bookshop”). If you submit an order for any book, eBook or personalized book advertised for sale in this Bookshop or in the Personalized Bookshop, this shall be taken to constitute acceptance by you of all Terms related to both, the Bookshop and the Personalized Bookshop.
THE BOOKSHOP
1. The Bookshop is available at www.shop.roughguides.com and at https://gifts.roughguides.com/. It’s an e-commerce Bookshop allowing you to browse and purchase Rough Guides and Insight Guides books or ebooks. If you have any problems using it, please check our FAQs section or contact us at mail@roughguides.com.
USE OF THE BOOKSHOP
2. We make all reasonable efforts to make sure the Bookshop is available 24 hours a day however, we cannot guarantee that there won’t be any interruptions, event of system failures or maintenance procedures.
3. During the order process, you shall create your user account or use your existing acccount if you already purchased a book or eBook from the Bookshop or Personalized Bookshop. You are responsible for your account and all actions taken under that username and password.
BOOKSHOP: INFORMATION OF CONTRACT OF SALE
4. If you wish to purchase any of books or eBooks for sale in the Bookshop, you must submit a completed order form. Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it. If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will supply the books or eBooks you have ordered (the “Product”) to you in accordance with the Confirmation and with these Terms.
5. The sale and purchase of Products via this Bookshop will be governed by a contract between you and us formed when you have placed an order, your order has been accepted by us and we have sent you Confirmation of this (the “Contract”). Please note that, as soon as you complete your payment, your order related to eBooks will be processed and we will be unable to prevent your eBooks from being dispatched to you.
6. The terms of the Contract will comprise these Terms, as amended or updated by us from time-to-time, and the prices (subject to clause 14 hereof) and other relevant information about the Products published by us in the Bookshop or in the Personalized Bookshop at the time the Contract is formed.
7. We reserve the right to change these Terms at our discretion. We agree to ensure that a note of the date and clause number of any such changes will be included as part of these Terms. Any changes will be posted to the Bookshop or to the Personalised Bookshop and it is your responsibility to ensure, from time-to-time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop in the Bookshop after that time.
8. You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.
BOOKSHOP: ORDERS AND QUOTES
9. You acknowledge that all information and specifications relating to the Products and any material produced by us are approximate only.
10. We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed in this Bookshop without any liability.
11. We may make any changes in the specification of the Products to conform with any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
BOOKSHOP: RETURNS
EBOOKS RETURNS
12. (a) Returns and refunds are managed on a case-by-case basis by emailing us at mail@roughguides.com. Depending on the circumstances each refund can take a different amount of time to process. Where refunds are granted, payments will be initiated within a business day.
12. (b) When purchasing an Ebook available for immediate download, by clicking on the ‘Proceed to the payment’ button, you confirm that you agree that such Ebook should be downloaded immediately and you agree that your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the order within the 14 day Cooling Off Period shall not apply. Unfortunately, we are unable to delay the download of Digital Goods until the ‘Cooling Off Period’ has expired and so should you not wish to waive your rights under these Regulations in respect of such Digital Goods then you should not proceed with the purchase.
12. (c) If your Ebook is defective, please contact us via the email address: mail@roughguides.com. We reserve the right to check if the Digital Goods are defective before agreeing to reimbursement and to ask for proof of defect. We may refund you the cost of defective Ebook at our sole discretion and any such refund shall be made to the card with which you paid for your order and not in cash.
BOOK RETURNS
13. (d) When purchasing a Book you have the right, under consumer laws, to a “cooling off” period of 14 days from the date you receive your physical products, during which time you can change your mind and receive a refund.
To process the return, please let us know within the 14-day cooling off period by contacting us at mail@roughguides.com. Please make sure you send the product back within 14 days of telling us you want to return it. You will need to pay the costs of return postage.
13. (e) If your Book is defective, please contact us via the email address: mail@roughguides.com and provide proof of defect. We reserve the right to check if the items purchased are defective before agreeing to reimbursement. We may refund you the cost of the defective Book at our sole discretion and any such refund shall be made to the card with which you paid for your order and not in cash.
BOOKSHOP: PRICE
14. (a) The price of each Product shall be the recommended retail price for that Product that is quoted in this Bookshop or in the Personalized Bookshop on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated in the Bookshop or in the Personalized Bookshop in respect of a Product.
14. (b) Where a variety of discounts apply (though promotional offers and/or personal discounts available to you) both discounts can be used against each Product.
15. The stated price of the Product is inclusive of any applicable Value Added Tax.
16. We reserve the right to revise the price of any items in this Bookshop or in the Personalised Bookshop without notice. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.
BOOKSHOP: PAYMENT TERMS
17. Credit card and debit card payments will be processed on the date on which we dispatch your order.
18. The credit cards and debit cards that we will accept are those listed in the Bookshop or in the Personalized Bookshop on the date on which we accept your order.
BOOKSHOP: DELIVERY
DELIVERY OF EBOOKS
19. (a) After you purchased an ebook, you will receive an order confirmation email and a separate email with a download link for your ebook. This link is valid for 3 days.
After this period, you can log in to your account and download the ebook (not a complementary free-ebook) from your order list in the section "My Shop Orders".
Please note: The ebooks available to purchase from Rough Guides online bookshop are typically anywhere between 30MB and 120MB. We recommend that you download your ebook over WiFi or check your data allowance with your mobile network provider to ensure it is sufficient.
DELIVERY OF BOOKS
19. (b) We can deliver the physical Books to the following countries only:
UK and Northern Ireland or
USA & Canada (with the exclusion Pennsylvania, Indiana, Mississippi, Tennessee and Oregon)
19. (c) If your ordered Books are in stock, we will deliver them to you as soon as possible. We offer DPD next day delivery in the United Kingdom and Northern Ireland and standard, priority or express delivery options in the USA and Canada. Please see our FAQs section for an indication of estimated delivery times for the territory you are in.
19. (d) The shipping charges will be notified to you at the time of your purchase. They are based on weight and distance and vary slightly for each country. By making a purchase, you agree that you accept the shipping charges that have been notified to you. For Book orders please follow the charges provided in our FAQs section.
19. (e) If your ordered and purchased Books are returned to us by the postal service because you haven’t accepted the delivery, we will contact you to let you know. If the purchased Books has been returned to us as a result of our error, we will resend the product to you by standard post for no extra charge. If you provide an incorrect delivery address and the order is returned to us, or you fail to take delivery, we will either:
re-deliver the physical Books to the correct address, if provided, subject to payment of additional delivery costs, or;
refund the value of the physical Books (excluding delivery costs) dependent on whether it remains in a resalable condition. You will be responsible for any additional charges incurred including re-delivery costs.
19 (f). If the order is not returned to us, you will not be eligible for a refund or re-delivery. We accept no responsibility for deliveries made to incorrect or incomplete addresses provided by customers. In this case, you will need to place a new order with the correct details.
BOOKSHOP: PRE-ORDERS
20. From time-to-time, we may make certain Products available to be pre-ordered for a set period before their launch date. As with any other order, payment for pre-ordered books or eBooks shall be processed on the date of dispatch. The price charged for pre-ordered books or eBooks shall be the price of the relevant book or eBook as stated in this Bookshop on the date of dispatch. In the unlikely event that the price of the relevant book or eBook is greater on the date of dispatch than its price on the date that the pre-order was placed, you may request a refund of the difference between these prices by contacting our customer services as set out here.
BOOKSHOP: RISK AND OWNERSHIP
21. Risk of damage or loss of the Books shall pass to you on delivery or, if you fail to take delivery of the book, at the time when we have tried to deliver the books.
22. The title in any eBook shall remain with Apa Publications UK Ltd. at all times.
THE PERSONALIZED BOOKSHOP
23. The Personalized Bookshop is available at www.gifts.roughguides.com. It’s an e-commerce site allowing you to browse and purchase personalized editions of Rough Guides books. If you have any problems using it, please check our FAQs section or contact us at mail@roughguides.com.
USE OF THE PERSONALIZED BOOKSHOP
24. We make all reasonable efforts to make sure the Personalized Bookshop is available 24 hours a day however, we cannot guarantee that there won’t be any interruptions, event of system failures or maintenance procedures.
25. During the order process, you shall complete the personalization form and submit all required personalization elements.
26. All text elements supplied by you will be proofread for spelling errors or typos. We will not edit your text however, so please ensure that you are happy with the final version before pressing submit. We won't be liable for your wording or the structure of the text submitted by you.
PERSONALIZED BOOKSHOP: INFORMATION OF CONTRACT OF SALE
27. If you wish to purchase any personalized items for sale in the Personalized Bookshop, you must submit a completed personalization form and finalize your purchase. Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it. If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will supply the personalized items you have ordered (the “Personalized Product”) to you in accordance with the Confirmation and with these Terms.
28. The sale and purchase of Personalized Products via this Personalized Bookshop will be governed by a contract between you and us formed when you have placed an order and personalization form, your order has been accepted by us and we have sent you Confirmation of this (the “Contract for Personalized Products”).
29. The terms of the Contract for Personalized Products will comprise these Terms, as amended or updated by us from time-to-time, and the prices (subject to clause 14 hereof) and other relevant information about the Personalized Products published by us in this Personalized Bookshop at the time the Contract for Personalized Products is formed.
30. We reserve the right to change these Terms at our discretion. We agree to ensure that a note of the date and clause number of any such changes will be included as part of these Terms. Any changes will be posted to the Personalized Bookshop and it is your responsibility to ensure, from time-to-time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop in the Personalized Bookshop after that time.
31. You acknowledge and agree that, in entering into a Contract for Personalized Products, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract for Personalized Products or not) which is not expressly set out or referred to in the Contract for Personalized Products. This is not intended to limit or exclude liability for fraud on our part.
PERSONALIZED BOOKSHOP: ORDERS AND QUOTES
32. You acknowledge that all information and specifications relating to the Personalized Products and any material produced by us are approximate only.
33. We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed in the Personalized Bookshop without any liability.
34. We may make any changes in the specification of the Personalized Products to conform with any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
PERSONALIZED BOOKSHOP: RETURNS
35. Once an Order for Personalized Products is placed, you have a 2 days cooling off period in which you can cancel your order. After the 2 days cooling off period, the order can be cancelled under the circumstances listed in point 14 below.
36. After the coolig off period you have the right to cancel an Order for Personalized Products only in the following circumstances:
14. (a) If We have failed to deliver the personalized items within 50 days after the date you placed the Order for Personalized Products;
14. (b) In the case of Faulty Personalized Products at the earliest opportunity after you have discovered that the fault or defect (provided that You shall be deemed to have inspected the Personalized Product as soon as reasonably practicable after delivery and in no case longer than 14 days after receiving the product).
15. If an Order for Personalized Products is cancelled under the conditions in 15(a) or 15(b) above, We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question.
16. If you wish to cancel your order please contact us at mail@roughguides.com
17. For the avoidance of doubt, save in respect of Faulty or defective Personalized Products, nothing in these Terms and Conditions shall give you rights of cancellation in regard to the Personalized Products, which, by their nature, have been made to your specification or clearly personalized.
18. You must return anyPersonalized Product to Us in its original packaging (which You should retain for this purpose).
PERSONALIZED BOOKSHOP: PRICE OF PERSONALIZED PRODUCTS
19. (a) The price of each Personalized Product shall be the recommended retail price for that Personalized Product that is quoted in this Personalized Bookshop on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated in the Personalized Bookshop in respect of a Product.
19. (b) Where a variety of discounts apply (though promotional offers and/or personal discounts available to you) both discounts can be used against each Product. T
20. The stated price of the Personalized Products is inclusive of any applicable Value Added Tax.
21. We reserve the right to revise the price of any items in this Personalized Bookshop without notice. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.
PERSONALIZED BOOKSHOP: PAYMENT TERMS
22. Credit card and debit card payments will be processed on the date on which we dispatch your order.
23. The credit cards and debit cards that we will accept are those listed in the Personliazed Bookshop on the date on which we accept your order.
PERSONALIZED BOOKSHOP: DELIVERY
24. We can deliver the Personalized Books to the following countries only:
UK and Northern Ireland or
USA & Canada (with exclusion Pennsylvania, Indiana, Mississippi, Tennessee and Oregon)
25. Please see our FAQs section for an indication of estimated delivery times for the territory you are in.
26. The shipping charges will be notified to you at the time of your purchase. They are based on weight and distance and vary slightly for each country. By making a purchase, you agree that you accept the shipping charges that have been notified to you. For Personalized Products please follow the charges provided in our FAQs section.
27. If your ordered and purchased Personalized Products are returned to us by the postal service because you haven’t accepted the delivery, we will contact you to let you know. If the purchased Personalized Product has been returned to us as a result of our error, we will resend the product to you by standard post for no extra charge. If you provide an incorrect delivery address and the Personalized Product is returned to us, or you fail to take delivery, we will re-deliver the Personalized Product to the correct address, if provided, subject to payment of additional delivery costs.
PERSONALIZED BOOKSHOP: RISK AND OWNERSHIP
28. Risk of damage or loss of the Personalized Products shall pass to you on delivery or, if you fail to take delivery of the Personalized Products, at the time when we have tried to deliver the Personalized Products.
INTELLECTUAL PROPERTY BOOKSHOP & PERSONALIZED BOOKSHOP
29. All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trademarks, Products or Personalized Products) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the Products or Personalized Products) used in the Products & the Personalized Products (together “the Intellectual Property”) are and shall remain the property of us or of our licensors.
30. Other than as stated in the Clauses below, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder’s rights.
31. All design, text and graphics appearing in the Bookshop or in the Personalized Bookshop and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this Bookshop or the Personalized Bookshop for the sole purpose of placing an order with or using this Bookshop or the Personalized Bookshop a shopping resource. Any other use of materials in the Bookshop or in the Personalized Bookshop (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
32. In the case of eBooks, permission is granted to download your ebook to any installed readers on your devices for your personal use at any time, provided that:
(a) the ebook and its associated download link is not distributed or transmitted over any network or communication link
(b) the ebook is used for personal entertainment only;
(c) the ebook is not copied or modified in any way;
(d) you do not remove any copyright or other proprietary notices contained in the ebook.
This permission granted to you may not be transferred to a third party, nor may you sublicense any of your rights under it.
This permission is effective until terminated. You can terminate it at any time by destroying the ebook. It will also terminate automatically if you fail to comply with any part of this Clause 24. You agree to delete the ebook immediately on any such termination.
33. We are the owner of the Rough Guides trademarks and get-up. Any other trademark materials, including, but not limited to, product names and company names or logos cited herein are the property of their respective owners.
DISCLAIMER AND LIMITATIONS ON LIABILITY
34. We shall not be liable in respect of any defect in the Products or Personalized Products arising from your neglect, failure to follow our instructions, misuse or improper alteration or repair of the Products or Personalized Products.
35. Nothing in these Terms shall exclude or limit our liability arising by virtue of the Consumer Protection Act 1987, or our liability for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.
36. Where the Products are sold under a “consumer transaction” (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), your statutory rights are not affected by these Terms.
37. Save as expressly provided in these Terms, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), the Products are provided on an “as is” basis and all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.
38. We use reasonable effort and skill to ensure the accuracy of the information we provide through the Bookshop and the Personalized Bookshop and in all Products or Personalized Products purchased through the Bookshop and the Personalized Bookshop. However, we do not accept liability (except as set out below) for any errors/omissions in our Products, Personalized Products and in Bookshop or in the Personalized Bookshop and reserve the right to change information, prices, specifications and descriptions of listed Products, Personalized Products and services at any time and without notice.
39. We will not be liable for any of the following losses which may arise by reason of any breach of a Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law:
(a) any loss of anticipated profits or expected future business;
(b) damage to reputation or goodwill;
(c) any damages costs or expenses payable by you to any third party;
(d) loss of any order or contract; or
(e) any loss that was not foreseeable by you and Apa Publications UK Ltd. at the time our Contract was formed; or
(f) any loss not caused by any breach on the part of Apa Publications UK Ltd.
40. Without prejudice to any other provision of these Terms, we will not be in breach of the Contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control. This clause does not affect your statutory rights.
NO WARRANTY
41. We are providing the Bookshop and the Personalized Bookshop on an “as is” basis and we make no representations or warranties of any kind with respect to the Bookshop and the Personalized Bookshop or its contents and disclaim all such representations and warranties.
WITHDRAWAL AND USE OF PRODUCTS
42 We may withdraw from the market any Products, Personalized Products that we produce or generally supply without prior notice, or liability, to you.
43. If we provide you with information about the use for which the Products or Personalized Products are designed and about any conditions necessary to ensure that the Products or Personalized Products will be safe, then you must use the Products and Personalized Products accordingly.
GENERAL
43. Any notice required under these Terms must be in writing. In our case it must be addressed to our registered office or principal place of business or any other address that we notify to you from time to time whether in the Bookshop or in the Personalized Bookshop or otherwise. Any notices to you will be sent to your usual billing address.
Any notice shall be deemed to be served:
(a) if sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or
(b) if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or
(c) if sent by fax to the recipient’s fax number at the date and time given on the sender’s transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.
44. If any of these Terms is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
45. Each Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.
46. Failure or neglect by either party to enforce at any time any of these Terms shall not be a waiver of that party’s rights and it shall not affect the validity of the whole or any part of these Terms or the Contract or prejudice that party’s right to take subsequent action.
47. Nothing in these Terms is intended to confer on any third party any benefit or any right to enforce any of these Terms."
Miscellaneous and Applicable law
The original English version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and the Client cannot derive any rights from the translated version. In the event of any disputes about the contents or interpretation of these Terms and Conditions or inconsistency or discrepancy between the English version and any other language version of these Terms and Conditions, the English language version shall always prevail and shall be applied.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, the Client shall remain bound by all other provisions hereof and they will be obliged to agree to a valid, enforceable and binding provision, given the contents and purpose of these Terms and Conditions.
These Terms and Conditions and the provision of our services shall be governed by and construed in accordance with laws of the United Kingdom. Any disputes arising between any you and Apa Publications in connection to these Terms and Conditions of the Bookshop or the Personalized Bookshop shall exclusively be submitted to the competent Ordinary Courts at London.