TERMS OF PURCHASE
EFFECTIVE DATE: 04/22/2025
1. INTRODUCTION AND SCOPE
1.1 These Terms of Purchase (“Terms”) constitute a binding legal agreement between (a) us, [PUBLISHING COMPANY NAME], with offices at [ADDRESS], the seller (with references to “us,” “we,” or “our” being construed accordingly), and (b) you, the purchaser (with references to “you” or “your” being construed accordingly).
1.2 These Terms apply to all offers, sales, and purchases of our products (“Products”) including physical books (paperback and hardcover), ebooks, and audiobooks, which occur through our website or any other means through which we engage in the sale of Products (collectively, our “Commerce Platform”).
1.3 By ordering any Product through our Commerce Platform or by visiting our website, you signify your acceptance of these Terms.
1.4 We value our relationship with you and consider our approach to privacy of the information you provide to be an important aspect of that relationship. Our Privacy Policy governs the collection and use of information through our Commerce Platform. By submitting your personally identifiable information to us in relation to your order, you consent to such information being processed to fulfill your order and in accordance with our Privacy Policy.
1.5 All orders are subject to your consent to any applicable usage terms delivered with, included in, or presented in connection with our Products. If you do not agree to the usage terms once you see them, do not accept them and contact customer service.
1.6 If you reside outside the United States, you acknowledge and agree that personal information collected in connection with your purchase may be stored and maintained in the United States and other countries.
1.7 We do not ship orders to P.O. Boxes or APO/FPO Boxes.
1.8 ALL ACCEPTED ORDERS ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE REPLACEMENT POLICY IN SECTION 6.
2. ORDER PLACEMENT AND ACCEPTANCE
2.1 We attempt to describe the Products available for purchase through our Commerce Platform as accurately as possible. However, we do not warrant that the prices, quotations, anticipated delivery dates, and descriptions made or referred to on our Commerce Platform are accurate, complete, reliable, current, or error-free. The prices, quotations, and descriptions made on our Commerce Platform are subject to availability, do not constitute an offer, and may be withdrawn or revised at any time prior to our express Acceptance of your order (as described below).
2.2 While we make every effort to ensure that items appearing on our Commerce Platform are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item.
2.3 An order submitted by you constitutes an offer by you to us to purchase Products subject to these Terms at the price and on the terms stated in the order, and is subject to our subsequent Acceptance (as defined below), irrespective of whether the button or link you press or activate to submit your order to us indicates that it is the final step in completion of your order. Any order confirmation email received by you prior to our Acceptance shall constitute an acknowledgement of our receipt of your offer only, and not an acceptance of your offer.
2.4 Our acceptance of your order only occurs at such time that we have both (a) dispatched your Product order and/or provided you with access to digital Products, and (b) received payment of the purchase price of your order through settlement of funds via your provided credit card or other payment method (“Acceptance”). We may cancel your order at any time and for any lawful reason prior to Acceptance.
3. PRICING AND PAYMENT TERMS
3.1 Prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order.
3.2 If the price of a Product is obviously incorrect, regardless of whether it is an error in a price posted on our Commerce Platform or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
3.3 Payment must be made by credit or debit card, PayPal, or other payment methods we make available at the time of purchase. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your order to that method.
3.4 For international orders, appropriate shipping fees will be calculated based on destination, weight, and delivery method. Import duties, taxes, and customs clearance fees may be charged upon delivery and are the responsibility of the recipient.
4. DELIVERY AND SHIPPING
4.1 Delivery timeframes are estimates only and are not guaranteed. We are not liable for any delays in shipments.
4.2 Risk of loss and title for physical Products pass to you upon our delivery to the carrier.
4.3 For international shipments, you are responsible for ensuring that the Product can be lawfully imported to the destination country. The recipient is the importer of record and must comply with all laws and regulations of the destination country.
4.4 We reserve the right to decline shipment to certain international locations based on shipping carrier restrictions, sanctions, or other limitations.
5. DIGITAL PRODUCTS (EBOOKS AND AUDIOBOOKS)
5.1 For ebooks and audiobooks, we grant you a non-exclusive, non-transferable license to access and use the digital content for your personal, non-commercial use only.
5.2 Digital Products may be subject to usage rules established by us or our licensors. These rules may restrict or limit your use of the digital Products, including the number of devices on which the digital Product may be accessed.
5.3 You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, rent, lease or sublicense the digital Products or any portion thereof.
5.4 We do not warrant that the digital Products will be compatible with all devices or operating systems. It is your responsibility to ensure compatibility before purchase.
6. REPLACEMENT POLICY
6.1 We do not accept returns or provide refunds for any Products purchased through our Commerce Platform.
6.2 In the event that a physical Product is damaged during shipping, we may, at our sole discretion, provide a replacement copy of the same Product. To be eligible for a replacement:
a) You must notify us within 7 days of receiving the damaged Product
b) You must provide photographic evidence of the damage
c) The damage must have occurred during shipping and not after delivery
6.3 Replacement requests for digital Products will be evaluated on a case-by-case basis and are generally limited to technical delivery failures where the digital Product was not successfully delivered to your account or device.
6.4 We reserve the right to limit or refuse replacements if we suspect abuse of this policy.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All Products sold through our Commerce Platform are protected by copyright and other intellectual property laws. The purchase of any Product does not transfer any right, title, or interest in the intellectual property rights associated with that Product to you except for the limited license expressly specified in these Terms.
7.2 You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, rent, lease or sublicense the Products or any portion thereof except as expressly permitted under applicable law or these Terms.
7.3 For physical books, you may not scan, digitize, or otherwise create electronic versions of the content without express written permission from us.
8. LIMITATION OF LIABILITY
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATED TO THE PRODUCTS; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
8.2 OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT(S) AT ISSUE.
8.3 THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.4 Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
9. GOVERNING LAW AND DISPUTE RESOLUTION
9.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without giving effect to any choice or conflict of law provision or rule.
9.2 Any legal suit, action, or proceeding arising out of or related to these Terms or the Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in the city of [CITY] and County of [COUNTY]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9.3 Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding.
10. MODIFICATIONS TO TERMS
10.1 We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by updating the date at the top of these Terms and by maintaining a current version of the Terms on our website.
10.2 Your continued use of our Commerce Platform following our posting of revised Terms means that you accept and agree to the changes.
11. MISCELLANEOUS
11.1 These Terms constitute the entire agreement between you and us regarding your purchase of Products.
11.2 Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
11.3 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
11.4 We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without notice to you.
11.5 You may not assign your rights or obligations under these Terms without our prior written consent.
12. CONTACT INFORMATION
12.1 Questions or comments about the Products or these Terms may be directed to us at:
[COMPANY NAME]
[ADDRESS]
[EMAIL]
[PHONE]