Terms and Conditions of Sale and Purchase ('Terms')

Interpretation

The following Terms and Conditions of Sale and Purchase ('Terms') comprise the terms on which you are permitted to purchase items from Firsty Group/Firsty Express/Firsty - trading names of Firsty Ltd any connected organisation that actually supplies goods ordered by you and any successor to its business ('Firsty', also referred to here as 'we' and/or 'us') on this website (the 'Website').

'Website' means any website on which these Terms appear regardless of the branding of that Website.

'you' and 'your' means the person ordering goods under these terms and conditions.

'working day' means every day of a calendar year apart from weekends and statutory and public holidays;

'product' an 'item' mean any eBook, print book, audiobook, CD, DVD, vinyl records, or other related novelty items (ie t-shirt, mug etc) that Firsty offers for sale through our websites.

If you submit an order for any item advertised for sale on this Website, this shall be taken to constitute acceptance by you of these Terms:

    Your Details

  1. When you decide to buy an item on the Website we will ask you to first register with us. You will be asked to enter a contact email address and choose a password. Once you have done this you are responsible for all sessions and transactions taken under these details. Please keep your password safe and do not disclose it to anyone. Change your password immediately if you feel it has been compromised or is at risk of being compromised.
  2. If any of your details change, for example billing or delivery address inform Firsty as soon as possible and update your details by signing into your account on the Firsty website, and then update the relevant section.
  3. The Contract Between You and Firsty

  4. Any contract for purchases made through the website will be with Firsty Ltd whose registered office is situated at 4 The Courtyard, London Road, Newbury, Berkshire RG14 1AX, UK company registration number 4702666 (Firsty).
  5. Firsty must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Once payment has been received Firsty will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment/download email will include your name, the order details and the total price. Firsty acceptance of your order brings into existence a legally binding contract between you and Firsty on these terms.
  6. Firsty are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
  7. Refunds and Returns- eBooks, audiobooks and other electronic products supplied via download

    Purchased eBook and audiobook titles cannot be returned, refunded or exchanged. Please be aware that you lose your right to cancel your contract for these services once we have placed the purchased product into your account and/or you have commenced activation of the electronic download to your device.

    If you experience difficulties downloading your purchased eBook please contact our Customer Services team who will assist you (support@firstygroup.com). When purchasing electronic goods you should ensure that you have the appropriate hand held reader for the electronic format you have downloaded. Firsty accepts no liability for electronic product(s) downloaded on to an incorrect device.

    Availability of Goods

  8. If Firsty has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by Firsty from your credit card will be re-credited to your account and Firsty will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Firsty will not be obliged to offer any additional compensation for disappointment suffered.

    Please note: Firsty will do its best to offer its customers the best value we can, but please remember stocks are often limited at the special offer price, and will always be subject to availability. We update our website as quickly in an effort to avoid any disappointment. The process of updating the website when goods have sold out at promotional price can take a few hours to update. If the price displayed on the product page differs from that displayed in the Shopping Basket it is the shopping basket price that is accurate and which takes precedence.

    Promotional Discount Codes

  9. We will occasionally offer discount/voucher codes to customers. These codes can only be used once per person with one discount code to be used per transaction. Discount codes cannot be used with any other voucher, coupon or offer. Discount codes can only be used at time of purchase and not retrospectively. Discount codes can only be used on Firsty and/or on other related websites powered by Firsty where the offer/discount code is displayed. Firsty reserves the right to withdraw codes at any time without notice and for whatever reason.
  10. All discount codes are subject to their own terms and conditions.

    Delivery of Goods

  11. Firsty will supply a download link to the eBook and an Account area for future downloads. Taxes will be collected at time of purchase and Firsty will be responsible for both customs and payment of any applicable customs duties and local taxes where required.
  12. Delivery will be made as soon as possible after your order is accepted. All delivery of eBooks is immediate.
  13. Liability

  14. If the eBooks Firsty delivers are not what you ordered are defective, Firsty shall have no liability to you unless you notify Firsty of the problem, in writing to support@firstygroup.com within 10 working days of the delivery of eBook/eBooks in question.
  15. If you do not receive goods ordered by you within 1 hour of the date on which they were despatched to you (please check your spam folder), Firsty shall have no liability to you unless you notify Firsty in writing at the Firsty contact address of the problem within 5 days of the date on which the goods were sent to you.
  16. If you notify a problem to Firsty under this condition, Firsty's only obligation will be, at its option, to ensure a copy of the eBook is in your account for download; if for whatever reason Firsty are unable to supply eBook to your account area it will refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case a Firsty voucher code/credit will be issued to the value of the refund due to you. No refund will be given for any eBook available to you via your account area.
  17. Firsty will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Firsty under this condition and Firsty shall have no liability whatsoever to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph 14 above.
  18. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Firsty's liability to you for any death or personal injury resulting from its negligence.
    Nothing in this contract creates any right, which is enforceable by any person who is not a party to the contract.

    Force Majeure

  19. Firsty shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

    Invalidity

  20. If any part of these conditions is unenforceable (including any provision in which Firsty excludes its liability to you) the enforceability of any other part of these conditions will not be affected.

    Complaints

  21. Firsty operates a complaints handling procedure, which is used to try to resolve disputes as quickly as possible once they are filed. If you have a complaint, please contact Customer Support at support@firstygroup.com. If your complaint is about Customer Support or you feel that it is necessary to escalate your complaint because you do not fell we have adequately handled/resolved your original complaint please write to Customer Services Manager, Firsty Ltd, 4 The Courtyard, London Road, Newbury RG14 IAX, UK (Please note: This address is for correspondence only, do not send returns to this address.

    Governing Law

  22. The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.

    Entire Agreement

  23. These terms and conditions, together with the Firsty website prices, delivery details and Firsty contact details, set out the whole of our agreement relating to the supply of the goods to you by Firsty. These terms and conditions cannot be varied except in writing signed by a Director of Firsty. In particular, nothing said by any sales person on behalf of Firsty should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Firsty. Firsty shall have no liability whatsoever for any such representation being untrue or misleading.

    Disclaimer

  24. The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Firsty shall not be responsible for any detrimental reliance you place on this website or its contents.
  25. Firsty is providing this site and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Firsty makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.
  26. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Firsty howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
  27. Neither Firsty nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

    Hyperlinks

  28. Our website will contain hyperlinks. These hyperlinks often connect you to sites of other organisations which are not our responsibility. We have used our best efforts in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Firsty.

    Copyright notice

  29. All design, text, graphics and the selection or arrangement thereof are the copyright of Firsty, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Firsty, or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Firsty is strictly prohibited.

    Trademarks

  30. Firsty and its 'Firsty' logo are registered trademarks belonging to Firsty. All other trademarks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by Firsty in respect of the use of its or any such other trademarks, product names, titles or logos and such use may constitute an infringement of the holder's rights.