Terms & Conditions

The terms and conditions on this page (the "Terms"), together with the pages and documents referred to on it, tell you information about us and the terms and conditions on which we supply any of the products ("Products”) listed on our website www.thisisyourcookbook.com (“the Site”) to you. Please read these Terms carefully before ordering any Products from the Site. You should understand that by ordering any Products from the Site, you agree to be bound by these Terms and any other documents expressly referred to in them.

Please click on the button marked "I Accept" in the Products ordering process if you accept these Terms. Please understand that if you refuse to accept these Terms, you will not be able to order any Products from the Site.

We amend these Terms from time to time as set out in clause 24. Every time you wish to order Products from the Site, please check these Terms to ensure you understand the terms which will apply at that time. You should print a copy of these Terms or save them to your computer at the time of order for your future reference.

1. INFORMATION ABOUT US

The Site is operated by Quintet Publishing Ltd (“we" or "us"). We are registered in England and Wales under company number [01252863] and have our registered office at Quarto Publishing plc, 6 Blundell Street, London N7 9BH. Our VAT number is 341 1282 95. To contact us, please see our Contact page: www.thisisyourcookbook.com/contact

2. DESCRIPTION OF SERVICES

2.1 The Site provides you with a series of online tools enabling you to upload text, images and other material (“Your Content”) and combine it with our text and images available on the Site (“Our Content”) to create customised recipe book products (“Services”). In order to use the Services you must have access to the world wide web, and pay any subscription, service or telephony fees associated with gaining this access. In addition you must provide all equipment necessary to make such connection to the world wide web.

3. OUR PRODUCTS

3.1 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Products supplied to you may vary slightly from those images.

3.2 All Products shown on the Site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.

4. YOUR OBLIGATIONS

In applying for registration to the Site, you warrant that you are over the age of 18 and legally capable of entering into binding contracts. You agree that when using the Services provided by us that you will:

4.1 comply with your obligations under our Terms of Website Use.

4.2 provide true, accurate, current and complete information about you as prompted by the registration form (such information being the "Registration Data"); and

4.3 maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

5. USE OF OUR SERVICE

5.1 You may upload Your Content to the Site yourself. In using our Services you agree that none of Your Content shall: be defamatory of any person, pornographic, obscene, indecent or offensive; infringe any copyright, trade mark, database right or other intellectual property right of any third party; or be in any way unlawful.

5.2 You will not use the Site, or copy or use any of Our Content, the Products (including electronic versions of them) or other material from the Site, for any commercial purpose other than to conduct a commercial transaction with us and you may not resell any Products supplied to you.

6. UPLOADED CONTENT AND IMAGES

6.1 We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the Site including the uploading of any content in breach of the above restrictions on Your Content. We may provide copies of any of Your Content to law enforcement authorities and in that connection may also give them access to any personal data that is held by us to the extent permissible by law.

6.2 We may without notice and at our sole discretion delete or remove any of Your Content that has been uploaded in breach of these Terms.

6.3 We may refuse to provide any further Services to anyone who breaches these Terms.

6.4 You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

6.4.1 any use by you or of the Site in breach of these Terms; and

6.4.2 any claim that the uploading of any images by you or on your behalf, or that that the processing, printing or other dealing by us of any images uploaded by you, is an infringement of any third party's rights of privacy, image rights, copyright, database right, trade mark or other intellectual property rights.

7. RIGHTS

7.1 You retain all intellectual property rights, including copyright, in Your Content uploaded to the Site where you already own such rights.

7.2 We are the owner (or the licensee) of all intellectual property rights in Our Content and in other materials on the Site and relating to the Services, including the copyright in the typographical arrangement of the Products and any electronic versions of them. You may use Our Content for the Services, but for no other purpose.

7.3 We may delete, remove or refuse to display any material from your account at our sole discretion.

7.4 We may display, modify, print, transmit or distribute any of Your Content, in order to provide any of the Services and Products offered by us through the Site subject to these Terms. We may retain Your Content for a period of twelve months after it is uploaded to the Site, regardless of whether or not it is incorporated into a Product.

7.5 It is a condition of our allowing you to use the Site and any Services offered through it that you have the right to copy, upload or otherwise deal with Your Content in relation to the Site and to allow us to process and otherwise deal with Your Content for the purpose of providing the Services in accordance with these Terms.

7.6 You may not upload any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these Terms. For example, you may not take photos or text from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.

8. OPERATION OF THE WEBSITE

8.1 We may change the format and content of the Site (or any Products or Services offered by the Site) at any time.

8.2 We may terminate or suspend the operation of the Site (or terminate or suspend provision of any Products or Services offered through the Site) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.

8.3 You are advised to keep back–ups of all of Your Content provided to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto the Site.

9. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

9.1 Your order constitutes an offer to us to buy a Product that you have created online using the tools within the Site, and for us to supply the Services to you, on these Terms. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e–mail confirming the order (the "Order Confirmation"). The contract between us ("Contract") will only be formed when we send you the Order Confirmation.

9.2 We reserve the right at any time after the receipt of your order to accept or decline your order for any reason, in which case we will e–mail you as soon as we can to let you know. If we decline your offer on security grounds we may contact you to seek an alternative payment method.

9.3 The Contract will relate only to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until they have been confirmed in a separate Order Confirmation.

9.4 Full payment for all orders of Products and all applicable delivery costs is taken at the time of ordering. We will charge your debit card or credit card at the time of ordering.

10. CONSUMER RIGHTS

10.1 As a consumer, you may have a general legal right to cancel a contract; however, as this right does not apply to Contracts for the supply of Products which are customised and unique to you, you can only cancel an order by sending an email to hello@thisisyourcookbook.com within 1 hour of receiving the Order Confirmation.

10.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

11. AVAILABILITY AND DELIVERY

11.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control (as defined in clause 21 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

11.2 We may deliver Products in instalments. Each instalment will be a separate Contract.

11.3 We reserve the right to cancel any accepted order prior to delivery, at our discretion (whether or not your debit/credit card has already been charged), in case of any material errors in connection with your order or your failure to comply with these or any other Terms relevant to your order. If your payment has already been made and your order is cancelled by us, we will issue an appropriate refund as soon as possible and in any case within 30 days.

11.4 Delivery will be completed when we deliver the Products to the address you gave us.

11.5 You must inspect Products on delivery. If Products are damaged (or not delivered), you must advise our carrier immediately and confirm this to us in writing through our Contact Us page www.thisisyourcookbook.com/contact:

11.5.1 within seven (7) days of delivery; or

11.5.2 if the Products are not delivered, within seven (7) days of the estimated delivery date set out in the Order Confirmation.

We will then issue a confirmed claims number and you must return the damaged Products to us, following our instructions.

11.6 You will not own the Products until you pay all monies due to us in relation to such Products. This does not affect our right to bring legal proceedings against you for late payment in relation to Products supplied by us should you not pay us on the due date.

12. PRICE AND PAYMENT

12.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. These prices include VAT (charged at the rate applying at the time of delivery) but exclude delivery costs, which will be added to the total amount due. Our delivery costs are quoted on the Site from time to time. To check the relevant delivery costs, please refer to our Delivery Costs page www.thisisyourcookbook.com/delivery.

12.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

12.3 It is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

12.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis–pricing.

12.5 Payment for all Products must be made on placing an order by credit or debit card. We accept payment by all major credit or debit cards.

13. OUR REFUNDS POLICY

13.1 Because of their customised nature, we are not able to resell Products ordered by you. Refunds are only offered for manufacturing faults and defects, and only where such faults do not arise as a result of errors introduced by you. Refunds will not be given for Products no longer required or in relation to poor image quality of Your Content, poor placement of images, blank pages within or on surfaces of Products or spelling mistakes on Products.

13.2 We will accept the return of the Products from you only:

13.2.1 by prior arrangement (confirmed in writing);

13.2.2 with the original packaging materials; and

13.2.3 in accordance with any other instructions provided by us.

13.3 We will process any refund we agree is due to you as soon as possible and, in any case, within 5 days of the day we have received the returned Product. We will also refund the price of the Product in full, including the cost of sending the item to you and the cost incurred by you in returning the item to us. We will usually refund any money received from you using the same method used by you to pay for your purchase.

14. GIFT VOUCHERS

14.1 Gift Vouchers will expire on the expiry date marked on the Gift Voucher. The expiry date is 12 months after the date of Gift Voucher purchase. After their expiry date, Gift Vouchers will be treated as void and are non-exchangeable and non-refundable.

14.2 Gift Vouchers may only be redeemed at www.thisisyourcookbook.com by entering the Gift Voucher code at the checkout. Gift Vouchers cannot be applied to delivery costs or used in conjunction with promotional discount codes. No change can be given or balances preserved from unspent amounts. Only one Gift Voucher may be redeemed per order.

14.3 If a refund is given in respect of a book purchased using a Gift Voucher in accordance with This is Your Cookbook’s refunds policy (https://www.thisisyourcookbook.com/terms), an alternative Gift Voucher of equal value to the original Gift Voucher will be issued to the purchaser of the book. Gift Vouchers cannot be returned or otherwise refunded, except in accordance with your legal rights.

14.4 Gift Vouchers have no cash value and cannot be resold, transferred or redeemed for cash. No liability is accepted and no replacement will be given for Gift Vouchers which are lost, stolen or destroyed. This is Your Cookbook reserves the right to refuse to accept a Gift Voucher which it deems to have been tampered with, duplicated or which otherwise is suspected to be affected by fraud.

14.5 Gift Vouchers are issued by Quarto Publishing plc, whose registered office is The Old Brewery, 6 Blundell Street, London, N7 9BH. The laws of England will apply to the purchase, receipt and redemption of Gift Vouchers and will govern these terms and conditions. This is Your Cookbook reserves the right to change these terms and conditions from time to time at its discretion. All terms and conditions are applicable to the extent permitted by law.

15. WARRANTIES

15.1 We warrant that Products will:

15.1.1 materially comply with their description on the Site; and

15.1.2 be free from material defects at the time of delivery.

16. OUR LIABILITY

16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

16.2 We only supply the Services and Products for domestic and private use. You agree not to use the Services and Products for any commercial, business or re–sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.3 We do not exclude or limit in any way our liability for:

16.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

16.3.2 fraud or fraudulent misrepresentation;

16.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

16.3.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

16.3.5 defective products under the Consumer Protection Act 1987.

17. PROTECTION OF PERSONAL DATA

17.1 You agree that Registration Data and any personal data you provide to us may be dealt with by us in accordance with the terms specified in our Privacy Policy available at www.thisisyourcookbook.com/privacy and retained for a period of six months after the date of the Contract.

17.2 In deciding whether to accept your order, we may use the information you have given to us, or which we already hold about you, or which we receive from any enquiry we may make with our credit checking company to confirm your identity. The credit checking company will check any details we disclose to them against any database (public or private) to which they have access and will keep a record of that check. The credit checking company will also retain this information and may use it in the future to assist other companies with identity verification. This assists us to protect you and us from fraudulent transactions.

17.3 You agree that we may:

17.3.1 disclose your personal data to third parties as necessary for the performance of the Services and supply of the Products to you; and

17.3.2 use, or permit selected third parties to use, your personal data to provide you with information about goods and services related to the Services or Products which may be of interest to you and that we or they may contact you about these by email, but you may stop receiving such information from us at any time by contacting us.

18. WRITTEN COMMUNICATIONS

18.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e–mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

18.2 All notices given by you to us must be given in writing to Quintet Publishing Limited, Ovest House, 58 West Street, Brighton, BN1 2RA, UK, or by e–mail to hello@thisisyourcookbook.com. We may give notice to you at either the e–mail or postal address you provide to us when placing an order.

19. TRANSFER OF RIGHTS AND OBLIGATIONS

19.1 The Contract between you and us is binding on you and us and on our respective successors and permitted assigns.

19.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

19.3 We may transfer, assign, charge, sub–contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.

20. EVENTS OUTSIDE OUR CONTROL

20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Event Outside Our Control").

20.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock–outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

20.3.1 we will contact you as soon as reasonably possible to notify you; and

20.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

21. WAIVER

No failure or delay by either party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

22. SEVERABILITY

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

23. ENTIRE AGREEMENT

23.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

23.2 A person who is not a party to the Contract shall not have any rights under or in connection with it.

23.3 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty of any person (whether a party to that Contract or not) other than as expressly set out in these Terms.

23.4 All brochures, catalogues, websites and other promotional materials are to be treated as illustrative only and do not form part of any Contract between us.

24. OUR RIGHT TO VARY THESE TERMS

24.1 We have the right to revise and amend these Terms from time to time.

24.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Order Confirmation).

25. LAW AND JURISDICTION

Contracts for the purchase of Products through the Site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non–contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.