Terms & Conditions
Terms and Conditions of Novel Notes (Novel) /
Last updated: March 25, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website, (the "Service") operated by Novel Notes ("Novel", "us", "we", or “our”).
Your access to and use of the website, services or purchase of products is on the condition that you accept and comply with these terms. These Terms apply to all visitors, users and customers. In order to use the Service, you must be of the legal age of majority in your jurisdiction, and be able to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
[ You are agreeing to these terms and conditions if you use the Novel Notes website or services, so please read them carefully. ]
Acceptable Use of the Website
You must not:
use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
access or otherwise interact with our website using any robot, spider or other automated means;
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
use data collected from our website to contact individuals, companies or other persons or entities.
Third Party Services
This website is built using the website-builder Wix.com and utilises other third party apps which have their own terms, conditions and privacy policies to which Novel Notes is bound through use of their services. Our Service may also contain links to third-party web sites or services that are not owned or controlled by Novel Notes.
Although Novel Notes only knowingly works with reputable service providers, we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Novel Notes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
[ Novel Notes is not responsible for the content or policies of third party sites or services. Please read their terms and policies. ]
Ownership of Intellectual Property, Copyrights and Logos
The Service and all materials and content therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Anna Magombe, owner of Novel Notes.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website;
stream audio and video files from our website; and
use our website services by means of a web browser, subject to the other provisions of these terms and conditions;
share our content through social media share links on our website or our social media pages, fully crediting Novel Notes on all shared content.
Except as expressly permitted or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
You recognise and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
[ Any content added to the website by the owner of Novel Notes, is property of the owner unless stated. Users may only upload content that they have the legal right to upload. ]
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password and must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
The Service includes a user community and users have the option of a public profile. The profile is publicly visible to site visitors, and public activity (such as their posts or comments) will be visible to other visitors of the website. You can always opt-out and exit the community, and upon doing so, your profile will not be publicly visible. Naturally, in such event you will not be able to use the community features (e.g. liking, commenting or writing posts).
[ By creating a User Account, you agree to keep your account up to date and secure. Your information may be used by us to contact you but you can notify us any time if you want to unsubscribe from mailings or delete your account. ]
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The following products may be available to purchase on our website: notebooks, refills of paper and printed paper products, other stationery and accessories.
We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
The products that we sell are largely made using recycled materials, such as recycled paper and board. Variations in colour and texture may occur and there may be minor imperfections of the type that a reasonable person would expect to see in such a product. In placing an order with us, you are accepting that these variations may occur.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Information about pricing is available on the payments page but you are welcome to contact us for further information if needed.
All amounts stated in these terms and conditions or on our website are stated inclusive of VAT for countries inside the European Union.
In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
In case an offer has been accepted by Novel but no payment was received, we have the right to claim, apart from the payment of the agreed price, interests for the belated payment, calculated on the basis of the legal rate and such as of the date of the first payment collection letter. In addition, Novel is entitled to claim an indemnity for administrative charges of 10% of the amount of the agreed price, with a minimum of £30, unless there is proof of greater damages.
In case an offer has been accepted by us, but no payment was received, we are also entitled to postpone delivery or to consider the agreement as terminated due to the client. In that case, we are entitled to claim an indemnity of 30% of the amount of the agreed price, unless there is proof of greater damages.
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
an amount equal to the amount of the charge-back;
all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
an administration fee of GBP 25.00 including VAT; and
all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this section (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section of the terms, in regards to payment recovery.
We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. We will not perform any verification or validation of the address details that you specify, and accordingly accept no liability for any items delivered incorrectly (or not at all) due to an error made on your part in specifying the delivery address.
We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order despatch; however, we do not guarantee delivery by this date.
We do guarantee that except unless there are exceptional circumstances all deliveries of products will be dispatched within 21 days following the later of receipt of payment and the date of the order confirmation. Custom or personalised orders vary in the time taken to complete and despatch. For those orders we are able to provide an estimate of the time it may take, although the estimate may be subject to change.
We currently use Royal Mail delivery service which can take 2-3 days to deliver within the UK. You are encouraged to check their delivery times which may change during busy seasons and bank holidays.
Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us. Applicable delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.
You are responsible for any local customs duties, tax or other charges levied within your own country for the import of your order.
Distance contracts: Cancellation Rights
If you change your mind about your order you have made through this website, you have 14 days to notify us and return the item(s) for a refund. Your returned item will need to be in its original, resellable condition and you will need to pay the shipping cost for this. If you download or stream digital content, you lose your 14 day right to cancel - you will need to let us know you have changed your mind before downloading or streaming.
In the case of cancellations, you will get a refund of anything you have paid us directly for stock items. Customised, personalised or otherwise made-to-order items may not be returned under this policy. If you assemble an item (such as a notebook) from stock parts (such as covers, paper, discs) that would not be in their original condition when dissassembled, the item cannot be refunded or replaced by us.
If the value of the stock products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
In addition, we may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
you fail to pay, on time and in full, any amount due to us under that contract; or
you commit any material breach of the contract.
if we are prevented from fulfilling that contract by any event beyond our reasonable control.
We have the right to refuse acceptance of an order for any reason, including the non-availability of the ordered products. In case of refusal of an order, we will promptly provide for a refund of any payment already received.
Items that are Faulty / Damaged / Not as Described
If you need to return or exchange a product, please contact us to begin the process. Faulty items or parts of those items may be repaired or replaced, if agreed between Novel Notes and the User. We will pay for shipment of repaired or replaced products to the customer and the customer will be responsible for return shipment of the product to us.
Following confirmation from us, the item should be returned along with the original receipt within 14 days from the date of purchase, and we will either repair, exchange it or offer a refund based upon the original payment method. Any monetary reimbursements to you will be made within 14 days.
In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: used items, damaged items (unless they are originally faulty).
[ You commit to a contract to purchase an item when you complete the checkout payment process. Information regarding prices, payment and deliveries will be available to you before you enter into the contract. Please contact Novel Notes if there is a problem with your purchase and we will do our best to resolve the issue. ]
The use of certain Novel Services may be subject to payment of particular fees, as determined by Novel in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Novel will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Novel reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Novel shall have the right to automatically and without notice renew your subscription to such Service(s) at the full applicable Fee.
We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Novel is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorise us (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Novel or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You may keep a credit card stored with us to pay for Paid Services (“Stored Card”). You will be able to identify each Stored Card by its last four digits as in your Account Settings Page.
[ Some of our services cost money. We will let you know how much beforehand. If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks. ]
[ Invoices for our paid services will be available in your user account. ]
We may permanently or temporarily terminate or suspend your account or access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
[ You can stop using the Service at any time, or request closure of your account through us. It is also our right to prevent access to services at our discretion. ]
You agree to indemnify and hold Anna Magombe (owner) / Novel Notes harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
To the maximum extent permitted by applicable law, in no event shall Anna Magombe / Novel Notes, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Anna Magombe / Novel Notes assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.
[ We will do our best to provide a safe and secure experience and service. If in some cases this is not possible, the owner of Novel Notes will not be held legally responsible. ]
These Terms shall be governed and construed in accordance with English law, without regard to its conflict of law provisions. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
If you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
[ These terms are in accordance with UK law and your statutory rights are upheld. If any of these terms are held to be invalid, the remaining terms still apply. ]
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Revisions to the terms will not affect contracts made before the revisions.
Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, please do not use or access (or continue to access) the website or the service.
[ We will let you know if we decide to edit these terms and conditions. If you do not agree with the amended terms, please do not use the Service. Continued use implies agreement to the terms. ]
If you have any questions about these Terms, please contact us.