Terms and Conditions
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Julian Wilson Rare Books Limited (“We”/”Our”/”Us”), is a company registered in England and Wales under company number 16191126. Our registered office and trading address is Flat 4 Lakeview Court, 418 Wimbledon Park Road, London SW19 6PP. We operate the website www.wilsonrarebooks.com
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These terms and conditions (“Terms”) set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of goods (“Item” or “Items”) identified in the invoice. We confirm that we either own the Items or are authorised to sell it on behalf of the owner.
These Terms cover sales through our website by telephone orders or in person.
These Terms will apply to any Contract between us for the sale of Items to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before purchasing any Items from us. Please note that by purchasing any of our Items, you agree to be bound by these Terms and the other documents expressly referred to in them.
We amend these Terms from time to time Every time you wish to purchase Items, please check these Terms as available on our site, to ensure you understand the Terms which will apply at that time as these Terms will apply to the Contract between you and us. The current Terms in force will be available on our site.
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You agree to purchase all Items on the basis of their description on our website or catalogues or as otherwise provided to you.
All bound books and manuscripts are collated, and we note any defects in our published descriptions.
Certain words used in the catalogue description have special meanings. The definitions of these words are as set out in John Carter’s ABC for Book Collectors (Ninth edition. Oak Knoll Press, 2016), and Philip Gaskell’s New Introduction to Bibliography (Oak Knoll, 2007).
Dimensions of bound material are given height by width of the textblock; in the case of flat material such as letters, documents, drawings, photographs, broadsides and other ephemera, dimensions are given height by width of the sheet; dimensions for prints and maps are given by height by width of the platemark or, if this is not possible, of the printed image. Where indicated, original or contemporary colouring (i.e. colouring applied to the print or map at or about the time of publication) will be so described. All other colouring will be colouring that, in our opinion, has been added at a later date.
The images of the Items on our website, in our printed catalogues, or sent via electronic communication are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that either the printed catalogue nor your computer’s (or other electronic device such as tablet or mobile phone) display of the colours accurately reflect the colour of the Items. Your Items may vary slightly from those images.
All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the goods constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale.
While we will on request explain the condition of the goods at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the goods, however occasioned, after the sale.
All shipped items are expertly packed and fully insured.
As our stock is always changing, price and availability of Items is subject to change without notice and all Items are offered subject to prior sale. In order to obtain the most up to date information as to the price and availability of Items, please contact us by phone on: +44 (0)7500 105884.
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These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
After you place an order which may be in person, by telephone, email or via the online ordering process on our website, we will check our stock and endeavour to confirm acceptance of your order by email or other means (“Order Acceptance”). If we fail to confirm acceptance, but proceed with dispatching your order, Order Acceptance will be deemed to take place when your items are dispatched. The Contract between us will only be formed when we communicate the Order Acceptance or, if sooner, when we dispatch the Item(s) included in your order.
If we are unable to supply you with an Item, for example because that Item is not in stock or no longer available or for any other reason, we will inform you of this by e-mail, telephone or in person and we will not process your order. If you have already paid for the Items, we will refund you the full amount as soon as possible.
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If you are a Consumer (as defined by the Consumers Contracts (Information, Cancellation and Additional Charges) Regulations, 2013), you have a legal right to cancel a Contract under the Consumers Contracts (Information, Cancellation and Additional Charges) Regulations, 2013.
For Consumers, any item can be returned for a full refund for any reason if we are notified within 14 days. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep an Item, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
Your legal right to cancel a Contract starts from the date of the Order Acceptance, which is when the Contract between us is formed. If the Items have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Items. Working days means that Saturdays, Sundays or public holidays are not included in this period.
The following Terms apply to both Business Customers and Consumers.
You may return Items to us because they are faulty or mis-described.
If you return Items to us, refunds are limited to the original purchase price, including initial delivery costs, but do not cover the cost of returning the Item(s) to us. We will process the refund due to you as soon as the Items are received by us, and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.
Delivery
Postage or shipping will be at your expense and we will notify you of the exact amount. Deliveries to mainland UK will normally be sent by “Next Day Delivery” service. Overseas shipments will be sent by courier with full tracking details. Unless otherwise instructed, all shipments will be insured in transit at our expense.
Delivery will be completed when we deliver the Items to the address you gave us.
If no one is available at your address to take delivery, we will notify you that the Items have been returned to our premises, in which case, please contact us to rearrange delivery.
For manuscript and high-value individual Items current UK export licensing regulations apply.
If you order Items from our website for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Items are destined. We will not be liable or responsible if you break any such law.
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The risk in the Items shall pass to you on completion of delivery.
Title to the Items shall not pass to you until us receiving payment in full (in cash or cleared funds) for the Items, in which case title to the Items shall pass at the time of payment of all such sums.
Until title to the Items has passed to you, you shall:
· store the Items separately from all other Items held by you so that they remain readily identifiable as our property;
· not remove, deface or obscure any identifying mark or packaging on or relating to the Items;
· maintain the Items in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
· notify us immediately if you become subject to actual or threatened administration, insolvency or bankruptcy proceedings or are otherwise unable to pay your debts as they fall due; and
· give us such information relating to the Items as we may require from time to time.
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The prices of the Items will be as quoted on our website or catalogues from time to time or as otherwise communicated to you. We take all reasonable care to ensure that published prices of Items are correct at the time when the relevant information was entered onto the system.
However, it is always possible that, despite our reasonable efforts, some of the Items on our website or catalogue may be incorrectly priced. If we discover an error in the price of the Items you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Item at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Items to you at the incorrect (lower) price.
Prices for our Items may change from time to time, but changes will not affect any orders which we have confirmed with an Order Acceptance.
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Julian Wilson Rare Books Limited (“We”/”Our”/”Us”) are committed to protecting and respecting your privacy. This is governed by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 for websites serving users in the United Kingdom.
This policy (together with our terms of use) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
We may collect and process the following data about you:
· Contact information provided at the time of registering to use our website, subscribing to our service, purchases made via the website, posting of any materials or requesting further services.
· We may also ask you for information if and when you report a problem with our website. If you contact us, we may keep a record of that correspondence. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
· Payment information for orders made directly via the website is not stored by us, but rather via the relevant/chosen secure payment gateway. We do not store credit card details nor do we share customer details with any 3rd parties.
· IP addresses. The website uses tracking data (such as Google Analytics) which will record IP addresses, but this information is anonymised and we do not access or store this information directly. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. The website also runs security software which can identify and report IP addresses when they trigger warnings, for example in regard to “brute force attacks”.
Cookies. We collect cookies on our website to make sure that we are delivering the best possible experience to you the customer. We don’t gather personal data unless you specifically provide it to us by way of filling in a form or using the e-commerce aspect of our website. You can learn more about cookies and the following third-party websites: AllAboutCookies: http://www.allaboutcookies.org/ | Network Advertising Initiative: http://www.networkadvertising.org/
Where we store your personal data. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access
We use information held about you in the following ways:
· To ensure that content from our website is presented in the most effective manner for you and for your computer.
· To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
· To notify you about changes to our services.
If you are an existing client, we will only send marketing communications to you by electronic means with information about services similar to those which were the subject of a previous sale to you. If you are a new client, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
Your rights. Our website may, from time to time, contain links to and from the websites of our institutional or commercial partners and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information. The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.
Changes to our privacy policy. Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Contact Questions, comments and requests regarding this privacy policy are welcomed and should be addressed via julian@wilsonrarebooks.com
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Julian Wilson Rare Books Limited is a business that specialises in valuing books and manuscripts and other associated Items such as documents, drawings, photographs, broadsides, ephemera, maps and prints.
These terms and conditions (“Terms”) set out all the terms of agreement other than price on which we supply Services to you.
These Terms will apply to any Contract between us for the provision of valuations (“Service” or “Services”) to you (“Contract”). Please read these Terms carefully as they tell you how we will provide the Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
By providing us with instructions and engaging us to provide Services, you are deemed to have accepted these Terms and they will form part of our Contract with you.
We amend these Terms from time to time. Please check these Terms as available on our website, to ensure you understand the Terms which will apply at that time as these Terms will apply to the Contract between you and us. The current Terms in force will be available on our website.
In some areas you will have different rights under these Terms depending on whether you are a Business Customer or Consumer.
You are a Consumer if:
· you are an individual; and
· you are buying Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a Business Customer these terms constitute the entire agreement between us in relation to your purchase of our Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Information About Us
Julian Wilson Rare Books Limited (“We”/”Our”/”Us”), is a company registered in England and Wales under company number 16191126. Our registered office and trading address is Flat 4 Lakeview Court, 418 Wimbledon Park Road, London SW19 6PP. We operate the website www.wilsonrarebooks.com
You can contact us by telephoning us at +44 (0)7500 105884 or by writing to us at julian@wilsonrarebooks.com If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in the letter of appointment. When we use the words “writing” or “written” in these terms, this includes emails.
Purchase of Valuation Services
Once your request for our Services has been received by us, we will send you our letter of appointment setting out your reference number, time and date of appointment, the purpose and basis of the valuation, the price quoted together with any incidental charges and other requests as specified by you. You must then sign and return a copy of the letter of appointment, which must be accompanied by these terms. Our acceptance of your order for Services will take place when you return to us a signed and dated copy of the letter of appointment and terms and once we email you to confirm acceptance of your order for Services (“Contract”), at which point a Contract will come into existence between you and us.
Our Valuation Services
We will inform you of our fees for the Services via telephone, letter or email for your agreement prior to entering into this Contract.
If you do not allow us access to your property to perform the Services as arranged (and do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Contract.
Our Services and the reports we write are prepared for the client or agent to whom they are addressed for their specific purposes – a report may not be relied upon or used by any other person or for any other purpose other than that stated on the title page and certificate of the report. We will not accept responsibility or incur any liability if any report which we prepare is used, or relied upon, by anyone else.
Unless otherwise documented by us in writing, our Services and the reports we write are accurate as of the date they have been issued by us. If you wish to rely on any report or Service in future, we make no representations or warranties as to its accuracy and shall have no liability to you whatsoever for this. Any report or Service we provide to you should be updated regularly or should changes in market conditions dictate.
You represent and warrant that, when requesting us to provide the Services, you are entitled to, or duly authorised to, have the relevant property valued. In issuing a valuation report, we express no opinion as to the ownership of the items being valued.
For items which are no longer available in the retail market, the basis of our valuation for insurance purposes will be that of the replacement value of a similar item in the retail market.
If you request items valued on a basis other than that agreed at the time the Contract was entered into, you agree to make this known to us expressly in writing.
If you require any changes to the Services, you may be liable to pay additional charges for any such changes.
We shall carry out the Services on your behalf and you authorise us to do so. If you are carrying out these Services on behalf of any other person or entity, you represent and warrant to us that you are duly authorised to enter into this Contract with us.
We shall use all reasonable endeavours to meet any dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
You shall be responsible for ensuring that all items and/or goods to be valued are adequately insured.
In issuing reports, we express no opinion as to the commercial value of the exploitation of the intellectual property or other rights attaching to the items valued.
You agree not to call upon us to give evidence in legal or other proceedings concerning the contents of the valuations made without obtaining our prior written agreement. We will take reasonable steps to justify the valuations prepared for tax purposes in response to enquiries made by HMRC.
Your Rights To Make Changes
We will let you know if the change is possible. We will let you know about any changes to the price or anything else that would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our Rights To Make Changes
We may change the Services:
· to reflect changes in relevant laws and regulatory requirements ; and
· to implement minor improvements. These changes do not affect your use of the Services
Providing The Services
We will begin the Services on the date agreed with you in the Contract and the Services will be provided using reasonable care and skill.
If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Services you have paid for but not received.
We may need certain information from you so that we can supply the Services to you, for example, your property details. If so, this will have been told to you over the telephone or over the course of email exchanges. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
If, while carrying out the Services, it is considered by us a need for a subsequent visit, further research or a visit by a fellow specialist is required, this will be discussed with you and you will be made aware of any additional costs.
We will use reasonable endeavours to send you by PDF via email, a draft of our report within 20 working days of the valuer’s visit. We will let you know if in advance in the event of any delays. You must review and return the report to us by special delivery with annotations and comments within 10 working days. If you need to discuss any points, please call us, and we will use all reasonable endeavours to incorporate any changes and or amendments and send you one illustrated bound copy and PDF of the valuation report within 10 days of receiving the returned draft.
It is standard practice with valuations of books, particularly with large collections of books and libraries, not to provide images of the books within valuation reports. However, if the valuation is of a small number of volumes that enables the insertion of images into the valuation report to be practicable, these will be provided if requested. The provision of images will be discussed prior to creation of the Contract.
We may have to suspend the supply of Services to:
· deal with technical problems or make minor technical changes; or
· update the Services to reflect changes in relevant laws and regulatory requirements; or
· make changes to the Services as requested by you or notified by us to you
Your Rights to end the Contract
If you are ending a Contract for a reason set out at (a) to (d) below the Contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change of significant effect to the Services or these terms which you do not agree to;
(b) there is a risk that supply of the Services may be significantly delayed because of events outside our control;
(c) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
(d) you have a legal right to end the Contract because of something we have done wrong.
A Consumer’s right to change their mind (Consumer Contracts Regulations 2013)
For most services bought by Consumers at a distance or off-premises you have a legal right to change your mind within 14 days and receive a refund. You should consult the above Regulations to see if our Contract with you is an off-premises or distance Contract. Broadly, such Contracts arise when we enter into a Contract with you and the Contract is concluded either in our physical presence but away from our usual business premises or where the Contract is concluded in circumstances where you are not in our physical presence. The cancellation period will expire after 14 days from the day of the conclusion of the Contract. Please note that where you have specifically requested that we provide services to you within 14 days of entering into our Contract, you will be responsible for fees and charges incurred by us up until the date of cancellation – please see further information below. You do not have the right to change your mind for Services once they have been completed, even if the cancellation period is still running.
Please note as follows:
(a) You have 14 days after the date we email you to confirm our Contract to change your mind. However, once we have completed the Services you cannot change your mind, even if the cancellation period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
(b) To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement (e.g. a letter sent by post or email using our contact details in these terms and conditions.
(c) If you cancel this Contract, we will comply with our obligation to reimburse all payments received from you. However, you agree to paying or incurring liability to pay sums to third parties in relation to this Contract and you agree that if you cancel we will not reimburse any sums which we have paid or incurred liability to pay to a third party with your authority
(d) If you request us to begin the performance of the Services during the cancellation period, you will pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this engagement, in comparison with the full coverage of the Contract.
(e) We will begin the performance of our Services before the expiration of the cancellation period if you so request expressly in writing or by email. Your signature to this Contract will be such a request, unless you tell us in writing or by email not to begin performance. You acknowledge that you will lose the right of cancellation if our Services are fully performed during the cancellation period.
Other than in the circumstances stated above (which apply only where you are a Consumer and in certain circumstances as described above), in the event you cancel the Contract or postpone a valuation the following cancellation fees will apply:
(a) up to a week before the appointment – 50% of quoted fee
(b) up to 48 hours before the appointment – 75% of quoted fee
(c) less than 24 hours before the appointment- 100% of quoted fee
How to End the Contract With Us
To end the Contract with us, please let us know by calling +44 (0)7500 105884 or email us julian@wilsonrarebooks.com
Our Rights to End the Contract
We may end the Contract if you break it. We may end the Contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 1 business day (a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business) of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.
If we end the Contract in the situations set out above we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
If There is a Problem With the Services
If you have any questions or complaints about the Services, please contact us. You can telephone us at +44 (0)7500 105884 or write to us at julian@wilsonrarebooks.com
Price and Payment
Our fees for undertaking Services will vary with the scope and size of the Services required, and will be discussed with you in advance of creating the Contract.
In the letter of appointment or in the course of email exchanges, we will set out reasonable expenses to carry out the Services. We reserve the right to increase the price, with your prior agreement, if for any reason there is an increase in the cost between your booking date and the date of the Contract.
If taxes are applicable and the rates of those taxes change between your order date and the date we supply the Services, we will adjust the rate of tax that you pay, unless you have already paid for the Services in full before the change in the rate of tax takes effect.
You must make an advance payment of 50% of the price for the Services, before we start providing them. This will be invoiced to you. We will invoice you for the balance of the Services with the draft valuation. You must pay each invoice by return or within 3 working days.
If you are a Business Customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
How we may use Your Personal Information
We will only use your personal information as set out in our Privacy Policy.
Other Important Terms
These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.