Terms and Conditions
Ness Publishing provides access to its website where products may be purchased, subject to the conditions set out below.
Please read these conditions carefully before purchasing any products from the Ness Publishing website. By using this website, you signify your agreement to be bound by these conditions.
These terms and conditions apply to members of the public using this site. Please note, we no longer handle Trade distribution. Trade Customers should contact Lomond Books (www.lomondbooks.com) for order fulfilment and Trade Terms.
When you place an order to purchase a product from Ness Publishing, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we have despatched that product to you (the 'Despatch Confirmation email'). That acceptance will be complete at the time we send the Despatch Confirmation email to you. Any products on the same order which are not included in the Despatch Confirmation email, indicating that they have been despatched, do not form part of that contract.
Minimum age for ordering
Ness Publishing does not sell products to those under 18 years of age. If you are under 18, you may use the Ness Publishing website only with the involvement of a parent or guardian.
Delivery of products
Ness Publishing aims to deliver all products ordered by customers as quickly as possible. Subject to receipt of cleared funds, we generally aim to deliver:
- Books within five working days, if held in stock
- Electronic documents immediately upon confirmation of receipt of payment
Where we are awaiting the delivery of new titles, we will deliver these as soon as we receive stock from the printer.
Confirming availability and price
Availability information for the books on our website is shown on the Picturing Scotland page. We will make every effort to ensure the information contained on this site is up to date and accurate, but occasionally, a title may go out of stock between updates. As we process your order, we will inform you by email if any items that you order are out of stock or not yet published.
If the correct price of a book is lower than our stated price, we will charge the lower amount and send you the book.
If the correct price of a book is higher than our stated price, we will cancel your order and notify you that we have done so.
The prices on the site are zero rated for VAT if they are books; other products may be subject to VAT.
When ordering goods from Ness Publishing for delivery outside the European Union, you may be subject to import duties and taxes which are levied once the package reaches your country.
Any additional charges for customs clearance must be borne by you; we cannot predict what they may be and have no control over them. Customs policies vary considerably from country to country, so it is your responsibility to contact your local customs office for information on how to proceed.
Additionally, please note that when ordering from Ness Publishing, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. You should be aware that cross-border deliveries are subject to opening and inspection by customs authorities which may affect your privacy.
Right of cancellation
After we have accepted your order, you have the right to withdraw from the contract up to 7 working days from the day after you receive your order by giving us written notice of cancellation (European Directive on Distance Selling, incorporated into UK law by the Consumer Protection (Distance Selling Act) Regulations 2000). Notice can be given by post, fax or email to the address below giving the reason for the return as 'I no longer want this item'. Ness Publishing will then refund your credit card for the price of the cancelled order within 30 days (see our Refunds policy). You will be responsible for the cost of returning the goods to us securely packaged in the original wrapping.
47 Academy Street
Tel: 01343 549663
Please note: we will not accept back goods that have been used and are not in mint condition.
Damaged in transit or defective items
If you take delivery of a Ness Publishing package and the items have been damaged in transit, or are found to be defective, you should contact us in writing within 7 days of receipt so we can send you a replacement copy. You must also return the damaged/defective item(s) to us within 14 days.
If we have sent you an incorrect item, please contact us in writing and we will send you the correct item. You must also return the incorrect item, in mint condition, within 14 days.
Please note: we are unable to exchange items that are not damaged, defective or incorrect. We also reserve the right to charge the price of the replacement item to the payment card used for the original order if you do not return the original item to us within 14 days of the date on which Ness Publishing confirms it will issue a replacement.
These returns policies do not affect your Statutory rights.
When you return your item(s) to us, we will process the returned item(s) then notify you by email of your refund. You can expect a refund in the same form of payment originally used for purchase within three weeks of your returned item(s) being received by Ness Publishing.
Please note: Ness Publishing cannot generate refunds for items that were not purchased from our website but from third party sellers. You will need to contact any third party seller direct.
Calculation of refunds
Items returned because they are damaged, defective or incorrect
If you are returning an item because of an error on our part or, because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and will pay the cost you incurred in returning it to us by refunding your return postage costs.
We will check all items returned as damaged or defective. In the event that we find no fault, we reserve the right to re-charge you for the item(s) and to recover our fees and expenses from you.
For more information about your Statutory rights, please visit the Department of Trade and Industry's Consumer Direct website.
Alteration of service or amendment to the conditions
We reserve the right to make changes to our website, policies and these Terms and Conditions at any time. You will be subject to the policies of our Terms and Conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Availability of the Ness Publishing website
We will do our very best to ensure that access to the website will be uninterrupted and that transmissions will be free from error. However, this cannot always be guaranteed, due to the nature of the internet. Occasionally, your access to the website may be restricted or suspended to allow for maintenance, repairs, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any such restriction or suspension.
Licence for website access
Ness Publishing grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This licence does not include any re-sale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, re-sold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Ness Publishing website or any of its partners without express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any public web page on the Ness Publishing website as long as the link does not portray Ness Publishing, its partners, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
You may not use any Ness Publishing logo or other proprietary graphic or trademark as part of the link without our express written consent. For further information, please read the section below relating to Trademarks.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Ness Publishing, are responsible for all electronic communications and content sent from your computer to us and you must only use the website for lawful purposes.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam'
- to cause annoyance, inconvenience or needless anxiety
When you visit the Ness Publishing website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your Statutory rights.
Intellectual property rights
All intellectual property rights including, but not limited to, all content included on the website, such as text, photographic images, graphics, logos, button icons, digital downloads and software, is the property of Ness Publishing, its partners or its content suppliers and is protected by United Kingdom and international copyright laws. The compilation of all content on this website is the exclusive property of Ness Publishing and its partners and is protected by United Kingdom and international copyright laws. All software used on this website is the property of Ness Publishing, our partners or our software suppliers and is protected by United Kingdom and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without express written consent from Ness Publishing. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without express written consent from Ness Publishing. You also may not publish your own database that features any part of this website without express written consent from Ness Publishing.
All Ness Publishing logos that appear in publications and electronically (eg on the World Wide Web), are registered trademarks, and must not be used without express written permission from Ness Publishing.
To request permission to use any of the Ness Publishing logos, please contact us.
Ness Publishing graphics, logos, page headers, button icons, scripts and service names are the trademarks of Ness Publishing. Ness Publishing trademarks may not be used in connection with any product or service that is not a Ness Publishing product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ness Publishing.
You shall indemnify Ness Publishing against all losses arising from or in connection with the breach by you of any of these conditions.
If you breach these conditions and we take no action, we will still be entitled to use our rights and take remedial action in any other situation where you breach these conditions.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your Statutory rights.
Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of Scotland. You agree, as we do, to submit to the non-exclusive jurisdiction of the Scottish courts.
Please use the following contact details to get in touch with us:
Colin Nutt, Ness Publishing, 47 Academy Street, Elgin, Moray, IV30 1LR
Tel: 01343 549663, Mob: 07962 014871, Email: firstname.lastname@example.org