Terms of Sale

What these terms cover

These Terms of Sale (Terms) set out the basis upon which we, Macmillan Publishers International Limited trading as Pan Macmillan (Pan Macmillan), registered in England with company number 02063302, with a registered office at Cromwell Place Hampshire International Business Park, Lime Tree Way, Basingstoke, Hampshire, United Kingdom, RG24 8YJ and VAT number GB 220 9036 43, sell books and other products through this Website. This Website is operated using a third-party e-commerce platform provider which manages orders and integrates with third-party payment providers to process payments on our behalf.

Why you should read these terms

Please read these Terms carefully before you submit your order to us. If anything is unclear to you or you wish to discuss these Terms or any goods you order through this Website please contact us at mdlqueries@macmillan.co.uk or via the chat function on this Website. If we need to contact you about your order, we will normally do so using the e-mail address you provide to us with your order (your E-mail Address).

Other applicable terms

Separate terms apply to your use of this Website including our Terms of Use and those which apply to contests, promotions and special content made available on this Website from time to time. Our Cookies Policy applies to the use of cookies and similar technology on this Website and elsewhere. For details of how we process your personal data in connection with your order, please refer to the section entitled “Customers who purchase through our website” in our Privacy Notice.

1. Our sales contract

1.1 Placing an order: These Terms govern all sales of goods by Pan Macmillan through this Website. By placing an order, you are offering to buy goods through this Website in accordance with these Terms. If you do not agree to these Terms, please do not place an order.

1.2 Age restriction: We do not sell to children. If we offer children's products on this Website we sell them for purchase by adults. By placing an order, you confirm that you are at least 18 years of age.

1.3 Territorial restrictions: For rights and other reasons we sell certain goods only to certain territories as set out in the relevant product listing on this Website. We will use the delivery address you provide to us to confirm your location and eligibility. In addition, we do not deliver to certain countries as set out under 4. Delivery below. Other restrictions on where and how we will deliver goods are also set out under 4. Delivery below.

1.4 Order limits: We may specify a maximum number of copies of certain goods which one customer can buy in the relevant product listing on this Website. Even if we do not, all goods offered are for consumer purchase only and not for commercial resale or business use so we may limit any order volumes accordingly. Trade enquiries should be made to mdlqueries@macmillan.co.uk.

1.5 Acknowledging your order: When you place an order through this Website, and the applicable third-party payment provider has approved your payment, we will send an acknowledgement to your E-mail Address to confirm receipt of your order. This email will contain your order number. Please quote this order number whenever you contact us about your order. This acknowledgement is not an acceptance of your order.

1.6 Accepting your order: Our acceptance of your order will take place when we dispatch your goods. At that point, we will send you a confirmation that “Your order is on the way” to your E-mail Address which will be our acceptance of your order creating a legally binding sales contract between you and Pan Macmillan for those goods, subject to and in accordance with these Terms (the Contract).

1.7 Split deliveries: If you order multiple products and we dispatch them separately, we may send a separate confirmation and Contract for each.

1.8 Cancelling before we accept your order: Until we accept your order, you can contact us and cancel it, with any payment refunded. After acceptance, you can only cancel your order in accordance with your rights under 5. Cancellation below.

1.9 Accurate information: You must provide all details in connection with your order accurately and honestly. If you do not do so we may be unable to accept your order, delayed in delivering your goods or need to withdraw from the Contract. You may also have legal liability to us, and we may contact law enforcement or other agencies, if you act fraudulently or dishonestly.

1.10 Where we cannot accept your order: If we cannot accept your order for any reason we will send a message to your E-mail Address. Your order will be cancelled, any payment refunded and there will be no Contract. Although we seek to communicate openly with our customers, we reserve the right to reject any order, at our discretion, without giving any reason.

2. Order details and changes

2.1 Product listings: The descriptions, prices, availability and other details of our goods will be as set out in the relevant product listing on this Website at the time you place your order subject to the following provisions set out below.

2.2 Prices and delivery charges: All prices are shown inclusive of VAT. Our delivery charges are payable in addition as also shown on the Delivery Information page of the Website. If your delivery address is outside of the UK, you have responsibility for the lawful importation of the goods. Customs duties and applicable taxes on international deliveries are prepaid by us and you should not be required to pay any additional import charges on delivery. If you are asked to pay any such charges, please contact us at mdlqueries@macmillan.co.uk.

2.3 Inaccuracies in product listings: We always try to ensure that the descriptions, prices, availability and other details set out in each product listing or otherwise on this Website are as accurate and up-to-date as possible. Changes, inaccuracies and errors may occur, however, so we will need to double-check when we receive your order. We will send a message to your E-mail Address if the actual details are different from those stated in your order and if our actual prices and charges are lower, we will charge you the lower amount. In other cases, unless you and we agree otherwise your order will be cancelled, with any payment refunded, and there will be no Contract.

2.4 Changes to these terms: We may change the products and prices offered and other sales details on this Website, including these Terms, from time to time. We will not, however, apply those changes to orders which we have already accepted under a Contract unless required by law to do so.

2.5 Images on our website: Please note that goods may have slight variations from the photos and prototypes shown on this Website. Any images on this Website are for general illustration purposes only e.g. colours shown on your screen may not be fully accurate and packaging may change.

2.6 Labels and instructions: In addition to online details do please read any labels and other instructions provided with the goods carefully before use.

3. Payment details

3.1 How to pay: The forms of payment which we accept through our third-party payment providers (as integrated through our e-commerce platform provider) are shown at checkout and, unless otherwise agreed with us, you must pay at the time you place your order. The third-party payment provider applicable to your transaction will depend on the payment method you select. Some forms of payment require authorisation and/or involve multiple steps including customer authentication. We and our third-party payment providers reserve the right to carry out reasonable checks including with third party agencies.

3.2 Your payment commitment: You confirm that any credit or debit card or other payment method you use belongs to you and that there are sufficient funds or credit to cover the total cost of your order.

3.3 Problems with payments: If the payment process is not completed satisfactorily or if we or our third-party payment providers have any concerns regarding your payment or your order we may suspend or cancel your order or withdraw from the Contract.

3.4 How your payment is processed: All payments on the Website are taken and processed by third-party payment providers integrated through our e-commerce platform provider. The applicable third-party payment provider will depend on the payment method you select. We do not process or store your credit or debit card or other payment details.

4. Delivery

4.1 Where we deliver: We will deliver your goods to the address you give us for delivery at the time you make your order (Delivery Address). Please note that we do not deliver to the following countries: Belarus, Bouvet Island, Burkina Faso, Congo (Rep), French Southern Territories, Haiti, Heard & McDonald Islands, Indian Ocean Territory, Iran, Mali, Mozambique, North Korea, Pitcairn, Russia, Saint Pierre & Miquelon, Senegal, Sudan (South), Syria, Tajikistan, Tristan da Cunha, US Minor Outlying Islands (Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, Wake Island), Western Sahara and Yemen. We may also be unable to deliver to certain remote territories or locations not served by our delivery carriers. We are not able to deliver to PO boxes, British Forces Post Office (BFPO) addresses or military (APO/FPO) addresses. We may update these restrictions from time to time.

4.2 Delivery times: We will try to deliver your goods within our estimated delivery times shown on the Delivery Information page of the Website but actual delivery times are outside of our control and any dates we give you for delivery are approximate only. This does not affect your right to have the goods sent to you within a reasonable period. If we fail to deliver within 30 days of Contract confirmation or, in the case of pre-orders, of the estimated publication or release date displayed in the relevant product listing on this Website and you and we do not agree an extension, you may request any payment is refunded, with any Contract cancelled, by contacting us at mdlqueries@macmillan.co.uk.

4.3 Split delivery: We normally deliver all items in a multiple product order together, but we may split your order into separate deliveries if that allows us to deal with your order more efficiently and effectively.

4.4 Ownership of goods: You will become the owner of the goods you have ordered once they have been delivered to your Delivery Address provided that your payment has been authorised and cleared. In any event, once the goods have been delivered to you they will become your responsibility and we no longer have any responsibility for taking care of the goods from that point.

4.5 Failed delivery: If, after failed delivery of the goods to your Delivery Address, we are unable to rearrange delivery with you (or arrange for you to collect them from another location) after reasonable efforts to do so, we may cancel your Contract, with any payment refunded.

4.6 Goods received without payment: Without prejudice to your rights under 5. Cancellation below, if your cleared payment is not received (or reversed) but you have received the goods, you must pay for them or return them in accordance with our reasonable instructions, without damage and at your own expense. If you do not do this, we may collect or arrange for collection and we may charge you for costs and damage.

5. Cancellation – How to end the contract with us (including if you have changed your mind)

5.1 Your right to cancel: You have the right to change your mind and cancel a Contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day on which you (or a third party indicated by you, other than the carrier) receive physical possession of the goods. If you have ordered multiple goods and we deliver them separately, the period runs from when you receive the last item.

5.2 How to cancel: To cancel, you must inform us at mdlqueries@macmillan.co.uk of your decision to cancel your Contract by a clear statement (e.g. by letter or e-mail). You may use the model cancellation form below, but this is not obligatory.

5.3 Cancellation deadline: To meet the cancellation deadline, it is sufficient for you to send the communication concerning your right to cancel before the cancellation period has expired.

5.4 When cancellation does not apply: You do not have a right to change your mind and cancel a Contract in respect of products which have been made to your specifications or personalised products.

5.5 Effects of cancellation: If you cancel your Contract as set out above, we will reimburse to you all payments received from you, including the cost of delivery (except for any extra costs if you chose a more expensive delivery method than our least expensive standard delivery option). We may reduce your refund to reflect any reduction in the value of the goods if this has been caused by you handling them in a way which would not be permitted in a shop (see clause 5.8 below). We will make the reimbursement without undue delay and not later than: (a) 14 days after the day we receive the goods back from you; or (b) if earlier, 14 days after the day you provide evidence that you have returned the goods; or (c) if no goods were supplied, 14 days after the day on which we are informed about your decision to cancel your Contract. We will make the reimbursement using the same means of payment as you used for the original transaction, unless you expressly agree otherwise. You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is earliest.

5.6 Cancellation: Returning goods: Where you cancel a Contract in accordance with clause 5.1 you must send back the goods or hand them over to us at Attention: Website Returns, Macmillan Distribution, Cromwell Place, Hampshire International Business Park, Lime Tree Way, Basingstoke, Hampshire, RG24 8YJ without undue delay and in any event not later than 14 days from the day on which you tell us you wish to cancel your Contract. The deadline is met if you send back the goods before the 14-day period has expired.

5.7 Cancellation: Cost of returns: Where you cancel a Contract because you have changed your mind in accordance with clause 5.1, please note that you will have to bear the direct cost of returning the goods.

5.8 Cancellation: Handling of goods: Where you cancel a Contract in accordance with clause 5.1, you are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods (i.e. handling them in a way which would not be permitted in a shop).

5.10 Goods damaged in transit or incorrect goods: In addition to the right to cancel above and your rights in respect of defective goods under 6. Defective or Faulty Goods below, you may return any goods to us at Attention: Website Returns, Macmillan Distribution, Cromwell Place, Hampshire International Business Park, Lime Tree Way, Basingstoke, Hampshire, RG24 8YJ within a reasonable period after they were delivered to you if they were damaged in transit or because they were not the goods you ordered and we will refund the price and any delivery charges for them, and the reasonable costs of returning them to us. If you do return any such goods, we may examine them to check whether they were damaged or sent in error.

5.11 Packaging and sending your returns: Without any limitation of your above rights, it will help us to process all your returns more quickly if you do so within their original packaging, with any delivery documentation and a brief written explanation of the reason for the return. We also recommend that returns should be sent by recorded delivery post.

5.12 Notifying us before making a return: Without any limitation of your above rights, if you wish to return any goods to us, whether because you have cancelled your Contract in accordance with clause 5.2 above or because the goods are damaged, incorrect or defective, we recommend that you contact us at mdlqueries@macmillan.co.uk before sending them back so that we can help ensure your return is processed as quickly as possible.

6. Defective or Faulty Goods

6.1 Our legal duty: We are under a legal duty to supply to you goods that are in conformity with our Contract with you.

6.2 Defective or faulty goods: In addition to your rights under 5. Cancellation above: (a) if your goods prove to be defective or faulty within 30 days of delivery to you please return the goods to us at Attention: Website Returns, Macmillan Distribution, Cromwell Place, Hampshire International Business Park, Lime Tree Way, Basingstoke, Hampshire, RG24 8YJ and we will refund the price and any delivery charges for them, and the reasonable costs of returning them to us; (b) if your goods prove to be defective or faulty within 6 months of delivery please return the goods to us and if they cannot be repaired or replaced, we will refund the price and any delivery charges for them, and the reasonable costs of returning them to us; (c) if your goods do not last a reasonable period within the relevant statutory limitation period you may be entitled to some money back. If you do return any goods we may examine them to check whether they are defective or faulty.

7. Questions about returns

7.1 If you have any questions about returning goods for any reason set out in these Terms, including cancellation, damaged or incorrect goods, or defective or faulty goods, please contact us at mdlqueries@macmillan.co.uk.

8. Our Liability

8.1 No liability for business losses: These Terms apply to consumers who purchase goods for domestic and private use. If you use the goods for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

8.2 Other exclusions of liability: We shall have no liability for loss, damage or costs in relation to our Contracts or sales of goods through this Website attributed to: (a) your own fault; (b) a third party unconnected with our own performance; or (c) any other events which are outside our or our suppliers' control even if we or they have taken reasonable care.

8.3 Liability we do not exclude: We do not, however, limit or exclude our liability to you or anyone else in relation to our Contracts or sales of goods through this Website where this is prohibited by law including for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation.

9. Other Important Terms

9.1 No waiver: If you breach any of these Terms and Pan Macmillan does not take any action against you, we may still take action against you later or if you breach the same Term on another occasion or if you breach a different Term.

9.2 Unenforceable terms: If any provision of these Terms (for any reason) is held to be unenforceable, illegal or invalid in some way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms and they will continue in full force and effect.

9.3 These are the complete terms: We intend to rely upon the written terms set out in these Terms (as may be amended in accordance with 2.4 above) as the entire understanding between us relating to any Contract. If you and we agree any other changes, please make sure that you request that these are confirmed in writing. That way we can avoid any problems surrounding what we or you are expected to do in relation to your order.

9.4 Rights under these terms: These Terms are between you and Pan Macmillan. No other person shall have the right to enforce any provisions of these Terms.

9.5 Transfer of rights: We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms. We will wherever possible provide you with prior notice of this.

9.6 Governing law and jurisdiction: These Terms are governed by English law subject to any applicable mandatory consumer law in the country in which you live, if you live outside England. You can bring a legal action relating to these Terms in the English courts or, if you live outside England, the courts of the country where you live. We can bring a legal action relating to these Terms in the country where you live.