1 Introduction to the Shop
1.1 Desert-Books Shop is the online digital content store of the Desert series by A. Tebbs (further known as the “Shop”. The Shop is owned by Distribution Enterprises , Inc. (referred to as "we", "us" or "our" as appropriate), a company established in Nevada. The Shop is currently available through the website www.desert-books.com/shop.
1.2 These Shop Terms & Conditions and our Privacy & Cookies Policy (together, the “Terms”) apply to your use of the Shop (whether accessed through the URL provided above or any other channel) and any services, content or products (for example, samples, ebooks, or hard copies) made available through the Shop. Please read these Terms carefully and ensure you understand them before using the Shop, as these Terms affect your rights and liabilities. In these Terms, expressions beginning with a capital letter usually have a specific meaning that is defined in these Terms.
1.3 You will be agreeing to these when placing an order or by your continued use of the Shop. If you do not want to be bound by these Terms please do not access, use, and/or place any orders with the Shop. If you have any questions relating to these Terms, please refer to our Q&A pages in the first instance.
1.4 The Shop is only provided for use by adults and by using the Shop, or placing an order or making a purchase, you are confirming that you are an adult. When we refer to “adults” we mean people who have reached the age of majority (i.e. who are adults for legal purposes) in their place of residence.
2 About the Shop
Users can visit the Shop to purchase ebooks, hard copies, and subscriptions.
3 Access to the Shop
3.1 You will need an internet connection and a browser to access the pages on the Shop and to use the features we provide.
3.2 If you wish to place an order with the Shop, you will be required to fill out pertinent information such as contact information and shipping addresses.
4 Buying from the Shop
4.1 You can purchase, access and view eBooks and other related digital content ("eBooks") on the Shop by way of download. Please refer to our Q&A page for instructions on how to download our eBooks.
4.2 Our eBooks are available for purchase and use in a number of different file formats. Please refer to the Q&A page for details about the formats in which we make our eBooks available. If you download the eBook but are unable to access it, please refer to our Q&A page for download tips. If those tips do not work, please contact your manufacturer or refer to the list of eReaders our other customers recommend for easy viewing of their copies of Desert.
If the chosen format does not fit your device, contact us and we will help you find the ebook that works for you.
You can find a description of the different formats, their suitability and further details about the operating environment necessary for your full enjoyment of the Shop, including any purchases from the Shop using our Q&A page. Please note that we may modify the formats in which we make eBooks available and our description of them from time to time, so you should always check those before making any purchase, and retain a copy for your records.
4.3 We may make changes to or discontinue any eBooks available on or in connection with the Shop at any time, and without notice. Please see section 5.5 below for details of your rights in relation to eBooks or formats that cease to be available or become incompatible.
4.4 We may also refuse an order if at the time the Book(s) is/are out of stock. We will notify you by email that your order is refused, and if the desired item comes back in stock, may email to notify you.
Buying Hard Copies
4.5 You can also purchase paperback or hardcovers, as available, (“Hard Copies”) via the Shop. We may make changes to or discontinue any Books available on or in connection with the Shop at any time and without notice.
4.6 We strive to fulfill orders within one week from the date of dispatch for your confirmation email, though. Due to circumstances beyond our control, the actual delivery day may come after the estimated day of arrival.
4.7 Ownership of Books will only pass to you when we receive all sums payable in relation to them, including any delivery charges. Once delivered, any further risk to the Books will be your responsibility.
4.8 Unless otherwise specified, Books will be shipped by USPS and are capable of being tracked, as detailed in the dispatch confirmation email.
Purchasing and receiving Books as gifts
4.9 You can purchase an eBook on the Shop to be made available for download to another person. It is your responsibility to determine which format will enable the recipient successfully to receive and access any such digital content purchased by you.
4.10 If you make an eBook Gift Purchase, we shall use reasonable endeavors to notify the recipient by email on the date selected by you for such notification when making the Gift Purchase. We shall not, however, accept liability for any delay in notifying the recipient caused by technical problems or other reasons beyond our control.
4.11 By starting to download the gift, or accessing or using the gift by any other means, the recipient agrees to these Shop Terms & Conditions and Privacy & Cookies Policy.
4.12 The gift eBook is not redeemable for cash, credit, or other Hard Copies or services. Except to the extent required by law, once the eBook has been made available for download, the gift is not for resale, non-transferable, not redeemable for cash, and non-refundable, except in accordance with our Cancellation Policy.
Eligibility4.13 To complete an order with the Shop, you must:
- provide your full name, email address, payment details and other requested information;
- be an adult, as defined in section 1.4 above; and
- possess a valid credit or debit card issued by a bank acceptable to us or other valid payment provider details.
- Placing your order – After choosing the Book(s) that you wish to purchase, you place your order for your item(s) by pressing the "Complete Order" button at the end of the checkout process and submitting your payment details (and delivery details if you are purchasing Books) to us.
- Acknowledgment – Once you place your order, you will be taken to a screen which will enable you to download any eBooks purchased. If you have purchased a Book for yourself or as a gift, you will see an on-screen acknowledgment of your order. You will also receive an acknowledgment of your payment and order by email.
- For an order of eBook(s) – We accept your order for eBook(s) and a contract is made between us at the time when we make the eBook(s) available to you (or, for a Gift Purchase, to the recipient) for download, whether by sending you a link to your purchase in the order confirmation email or otherwise. Accordingly, nothing that we say or do will amount to any acceptance of your order until we actually make the eBook(s) available to you (or, for a Gift Purchase, to the recipient) to view or receive unless before making the eBook(s) available, we have notified you that we refuse your order (see sections 4.19 and 4.20 below (Refusal of an order)).
- For an order of Book(s) – We accept your order for Book(s) and a contract is made between us at the time when your Book(s) are dispatched by us or on our behalf, at which point we will send you a dispatch confirmation email. Accordingly, nothing that we say or do will amount to any acceptance of your order until you receive the dispatch confirmation email, at which point a contract will be made between you and us unless, we have notified you that we refuse your order (see below (Refusal of an order)). Please note that payment must be received by us before we will dispatch any Books.
- For an order of eBook(s) and Book(s) – Although the Shop allows you to place a single order that contains an order of eBook(s) and an order of Books(s), the order will, for all purposes of these Terms, be treated as separate orders, such that: (a) if an order for any such item is accepted by us, a separate contract shall arise in relation to that item; and (b) the provisions of these Terms relating to eBook(s) will apply to the order of eBook(s) and the provisions of these Terms relating to Book(s) will apply to the order of Book(s).
4.19 If your payment is declined for any reason or we decline your order because we cannot obtain authorization of your payment details for any reason, then we may invite you to pay by another method. We may also refuse to accept an order for Hard Copies if the relevant stock is unavailable for any reason (or if there is any other reason why your order could not be fulfilled).
4.20 Unless otherwise stated (and subject to availability), three copies of an eBook can be downloaded per customer. The maximum number of items of Hard Copies that can be purchased at any one time will be as set out in the relevant quantity list on the purchase page. There are no restrictions on the time within which an order must be placed.
Prices and payment
4.21 The prices for eBooks and Hard Copies that we quote on the Shop exclude sales tax, which is added at checkout.
4.22 The price of any eBooks or Hard Copies will be as quoted and displayed from time to time on the Shop. It is possible, however, that despite our reasonable efforts some items (whether eBooks or Hard Copies) on the Shop may be incorrectly priced.
(a) If, in such a case, the actual price of an item is higher than that which is incorrectly displayed on the Shop at the time when you place your order, we may, at our discretion (unless otherwise required by applicable law), either contact you in order to confirm whether you wish to proceed with your order at the correct higher price, or reject your order and notify you of such rejection.
(b) If the actual price of an item is lower than that which is incorrectly displayed on the Shop at the time when you place your order, we will supply that item to you at the correct lower price.
4.23 You will find the total price of your order (including all applicable taxes and, in the case of Hard Copies, all excess delivery charges) as part of the checkout process on the page that shows the item(s) you have selected to buy, and you will also be given an opportunity to review and amend that selection by returning to your basket before you submit your order. Please note that all pricing is at our sole discretion and prices and charges (both for eBooks and Hard Copies and for delivery of Hard Copies) are liable to change at any time, but such changes will not affect orders for which we have already sent you an order confirmation email.
4.26 We accept payment by credit and debit card in addition to any other payment methods that we may identify from time to time.
4.27 We take payment from you once we have processed your payment details. In the event that we are unable to provide the Book for download or to provide the Hard Copies that you have requested for delivery, we will let you know and we will give you a full refund if we have already taken payment for the item(s).
4.28 Although we try very hard to ensure that all information on the Shop is accurate, occasionally errors may occur. If you discover a significant error in the description of any item(s) that you have purchased (or, for a Gift Purchase, that has been received by a recipient), please contact us
5 Cancellation Policy
If you have bought a Book
5.1 Right to cancel – When we accept a Book order that you have placed, you are entering into a contract with us. As a consumer you may have a legal right to cancel an online contract within a certain period of time after placing your order. You have the right to cancel your contract with us within 3 days without giving any reason (subject to the conditions set out in section 5.4 below). The cancellation period will expire 3 days after the date on which we notify you (or, for a Gift Purchase, the recipient) that the digital content is available for download from the Shop. For more information on your rights as a consumer under law, please consult your trading standards office or other similar organizations.
5.2 How to cancel – To exercise the right to cancel a Book contract, you must inform us of your decision to cancel your contract by a clear statement. You can request cancellation by using our online cancellation form, which can be found here. If you use this online option, we shall send you an acknowledgment of receipt by email. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the relevant cancellation period has expired.
5.3 Effects of cancellation – If you cancel a Book contract, we shall reimburse you for all related payments received from you. We shall make the reimbursement without undue delay, and not later than 14 days after the date on which you inform us of your decision to cancel the contract. We shall make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.
5.4 Loss of cancellation rights – Despite the above, you cannot cancel a Book contract if you (or, for a Gift Purchase, the recipient) have started downloading the Book (or used any other means required to access and use the Book), as long as:
(a) you had expressly accepted when you placed your order that (i) we could start to supply the digital content during the cancellation period and (ii) you could not cancel the contract once supply of the digital content had started; and
(b) we have confirmed your acceptance to you in confirming the contract.
5.5 Unavailable or incompatible eBooks – If a particular Book becomes unavailable, or if a particular file format ceases to be available (or the Book otherwise becomes incompatible with certain devices), following purchase but prior to your (or, for a Gift Purchase, the recipient’s) first download of the Book, we shall make the Book available in a suitable alternative format (or provide you (or, for a Gift Purchase, the recipient) with a compatible copy of the Book) or pay you a refund of the purchase price paid. Where, however, the file format or Book becomes unavailable or incompatible after you (or, for a Gift Purchase, the recipient) have downloaded at least one copy of the Book, you will not be entitled to a refund.
If you have bought an item of Hard Copies
5.6 Right to cancel – When we accept an order that you have placed for any item of Hard Copies and confirm we have dispatched the item to you, you are entering into a contract with us. As a consumer you may have a legal right to cancel an online contract within a certain period of time after placing your order. The cancellation period will expire 3 days after the date on which you receive the item or the last item in a single order of several items. For more information on your rights as a consumer under law, please consult your FTC office or other similar organizations.
5.7 How to cancel – To exercise the right to cancel a contract for an item of Hard Copies, you must inform us of your decision to cancel your contract by a clear statement. You can request cancellation by using our online cancellation form, which can be found here. If you use this online option, we shall send you an acknowledgment of receipt by email. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the relevant cancellation period has expired.
5.8 Effects of cancellation – If you cancel a contract for an item of Hard Copies, you then have 14 days to return the Hard Copies to us at the address we notify to you. You may meet this 14 day deadline by dispatching the Hard Copies before the expiry of the deadline. We shall reimburse you for all related payments received from you. If, however, you have chosen an enhanced method of delivery (e.g. next-day or nominated-day delivery), we will only refund you for the cost of our standard delivery service. We shall make the reimbursement without undue delay, and not later than 14 days after the date on which we receive notice of your cancellation. We may withhold payment until we have received the item back from you. We shall make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and we are able to make payment by such alternate method; in any event, you will not incur any fees as a result of the reimbursement. Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the item, if this has been caused by your handling the item in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item. If you choose to cancel your contract with us because you have changed your mind, you will be responsible for the costs of returning the item to us, unless we agree otherwise with you before you send the item (which we may do so in our sole discretion). Please see section 6 below for further details on our general returns policy.
6 Defects, replacements and returns
If you have bought a Book
6.1 If you (or, for a Gift Purchase, the recipient) receive a corrupted copy, incorrect file format version or incomplete copy of the Book, then, in order to request a functioning copy of the Book or to apply for a refund, please contact us. You will need to quote your order number and the details of the Book ordered with which you are experiencing issues, so please have these to hand.
6.2 If you (or, for a Gift Purchase, the recipient) have suffered a loss of a Book through failure of your hardware device, damage, theft or destruction, we may, solely at our discretion, provide you (or, for a Gift Purchase, the recipient) with another copy of your previously purchased Book. This will count as one of the limited number of copies that you are permitted to make.
If you have bought an item of Hard Copies
6.3 In addition to your right to cancel your contract with us if you change your mind (set out in section 5 above), you may also have a right to return Hard Copies to us that are defective or unwanted.
6.4 Defective Hard Copies – If an item of Hard Copies that you buy from us turns out to be faulty or does not match the description given on the Shop, you have 30 days from the day when you receive the item to return it to us. If the item of Hard Copies is faulty or does not match the description given, we shall exchange the item if possible or reimburse you for all related payments received from you within 14 days of our receipt of the Hard Copies. We shall make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and we are able to make payment by such alternate method. In any event, you will not incur any fees as a result of the reimbursement.
How to return Hard Copies to us
6.5 Please contact us if you wish to return an item. If your return request is accepted, please return your Hard Copies to the returns address provided by our customer services team. Unless the item of Hard Copies is faulty or does not match the description given on the Shop, you will be responsible for the cost of returning the item to us. We advise that you return the item using a “signed for” service or obtain official proof of postage from the Post Office so you are able to keep track of your item. We are not responsible for any items that are lost in transit or damaged on their way back to us. If the item of Hard Copies is faulty, does not match the description given on the Shop or we have notified you about an error in pricing or a change in the product, please contact us, and we will provide you with further instructions.
7 Use and limitation of use of eBooks and Hard Copies
7.1 When you buy a downloadable eBook from us, what you are buying is the right to use that eBook in the way we explain below for your own personal, non-commercial use only. All references to "buying" or "purchasing" downloadable eBooks in these Terms describe the purchase of a license under U.S. law to access and use the digital content concerned in accordance with these Terms, which is governed by the provisions of this section 7.
- You (or, for a Gift Purchase, the recipient) may download one (1) copy of each Book you purchase for storage and use on your (or, for a Gift Purchase, the recipient’s) reading system, which could be your (or, for a Gift Purchase, the recipient’s) computer, tablet, MP3 player, mobile phone, eBook reader or any other compatible electronic device. You (or, for a Gift Purchase, the recipient) may also download further copies of the Book for storage and use in the same ways, but this is subject to the continued availability of the Book via the Shop.
- If you are a parent or guardian who has made the purchase on behalf of a child for whom you are responsible, you may share such download(s) with such child.
7.3 The following restrictions apply in relation to the use of eBooks, extracts and (where stated below) Hard Copies.
(a) You shall not do, and shall not permit others to do, any of the following things in relation to any Book, extract or (where stated below) Hard Copies: - sell, distribute, loan, share, give or lend the Book or extract to any other person including to your friends (except in the limited circumstances explained at section 7.1 above); - communicate to the public, publicly perform, transmit, broadcast or use the Book or extract or item of Hard Copies for any promotional or other commercial purposes; - translate, modify, adapt or create any derivative works of the Book, extract or item of Hard Copies; - remove or in any way amend or tamper with any copyright or trade-mark notice or other identifier contained in the Book, extract or item of Hard Copies; - interfere with, remove, alter or circumvent (or attempt any of the actions listed in this section above in respect of) any of the security measures and technology (including rights or identification management and copyright protection technology) used in connection with the Book or extract or take any other action that may infringe any rights of the copyright owners of the Book, extract or item of Hard Copies; and/or - make any use of the Book or extract in any form, by any manner or for any purpose (whether commercial or non-commercial) except as expressly set out in section 7.1 above.
(b) You may, for your own private, non-commercial use, in respect of any Book or extract that you own, and strictly for the purposes of back-up, format-shifting, storage or creating an accessible copy: (i) copy the eBook or extract; and/or (ii) print a copy of the eBook or extract. However, you may not permit others to carry out the acts specified in this section 7.3(b).
7.4 Please be aware that if you use any of the eBooks or extracts in a way other than is specifically permitted under these Terms, you may be infringing copyright or other rights and therefore may be exposed to civil and/or criminal legal action.
7.5 Various third parties (including some of our Partners) operate eBook platforms and services (such as online digital book shops and apps) and offer devices to enable their customers to read or listen to eBooks (such as computers, tablet devices, MP3 players, mobile phones, eBook readers and other devices). In these Terms, we refer to those third-party platforms, services and devices as "Third-party Systems". From time to time, we may put in place arrangements with Partners so that eBooks you have purchased from us are easier to access and enjoy through that Partner's Third-party System(s). Even where the Third-party System is provided by one of our Partners, please be aware of the following:
- If you want to purchase a Book from us with a view to accessing it through a Third-party System, you may have to have an account with the relevant third party in order to so do. You should think about this before you purchase the Book from us. We are not obliged to offer you a refund where you have purchased a Book but are not able to access it on a Third-party System.
- The use of a Third-party System may be subject to the terms and conditions of the relevant third party, and you should ensure that you read and understand those terms and conditions if you wish to use the Third-party System to access eBooks purchased from the Shop.
- We are not responsible for any Third-party Systems or any problems you may have in using them, and we make no representation, warranty, or guarantee regarding the installation, use, availability or effectiveness of such Third-party Systems. If you have a query in relation to a Third-party System or are having trouble using it, you should contact the relevant third party - see the contact section within our Q&A pages. You may also wish to refer to our Q&A pages to check whether and how eBooks purchased from us can be accessed through the relevant Third-party System.
8.1 We promise that we will operate the Shop with reasonable skill and care, and that we will use our reasonable endeavours to correct any faults of which we are aware. We do not make any promises about the availability of the Shop or any services made available through it. In particular, we disclaim any liability in connection with any technical problems you may experience with the Shop that may result in interruptions to the Shop or the service it delivers, or any bugs or viruses on the Shop other platform that the Shop is delivered through, the server that makes the Shop available or the content made available through the Shop. It is your responsibility to implement satisfactory safeguards and procedures to make sure that any files you obtain through the Shop are free from such contaminants or other harmful properties. Subject to section 8.4, the promises contained in this section 8 are in place of all warranties or conditions implied by law.
8.2 Subject to section 8.4 and to the fullest extent permitted by law: our maximum liability in relation to any order that you place on the Shop will be an amount equal to the purchase price for such order.
8.3 SUBJECT TO SECTION 8.4, WE WILL NOT BE LIABLE FOR LOSSES THAT RESULT FROM OUR FAILURE TO COMPLY WITH THESE TERMS THAT FALL INTO THE FOLLOWING CATEGORIES: ANY LOSS OF: INCOME OR REVENUE; BUSINESS; BARGAIN; DATA; PROFIT; GOODWILL; REPUTATION; OPPORTUNITY; WASTE OF MANAGEMENT OR OFFICE TIME; OR ANY INDIRECT, PUNITIVE, SPECIAL, ECONOMIC OR CONSEQUENTIAL LOSS. THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DO NOT REPRESENT OR WARRANT THAT THE Shop WILL OPERATE ERROR-FREE OR UNINTERRUPTED, AND CONTAIN ACCURATE, COMPLETE AND/OR CURRENT INFORMATION. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ABOUT THIS SITE FOR ANY PURPOSE, AND HEREBY EXPRESSLY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ANY OTHER VIOLATION OF RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, OR EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT LOSS, THESE LIMITATIONS MAY NOT APPLY TO YOU. PROVIDED THAT, IN ANY SUCH JURISDICTION, WE HEREBY DISCLAIM ALL WARRANTIES AND LIMIT OUR LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.
8.4 NOTHING IN THESE TERMS WILL EXCLUDE OR RESTRICT OUR LIABILITY IN RESPECT OF YOUR RIGHTS AS A CONSUMER UNDER LAW, FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
8.5 Occasionally we are unable to perform our obligations under these Terms due to circumstances beyond our reasonable control. In such circumstances, including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability to perform or delay in performing our obligations will not be deemed to be a breach of contract.
9 IndemnityYou agree only to use the Shop in accordance with these Terms. You agree that you will compensate us (and our employees, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms or any liability we incur as a result of your use of the Shop.
10 Changes to these Terms10.1 Subject to applicable law, we may change these Terms from time to time. See the end of these Terms & Conditions for details of the date when they were last updated. We may notify you of such changes by sending you an email to the last email address that you provided to us and/or by posting a copy of the changes on the Shop.
10.2 For each order made on the Shop, the version of these Terms in force at the time when you ordered the relevant item from us will apply to the order, unless any change to these Terms is imposed by law or governmental authority (in which case, it will automatically apply to orders previously placed by you). If, however, after accepting your order, we need (for any other reason) to change these Terms as they apply to the order, we shall contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes. In such case: (a) you may cancel either for the whole order or just the part of the order that you have yet to download or access in the case of eBook(s) or the part of the order that has not yet been dispatched in the case of Good(s); and (b) if you choose to cancel, we shall arrange a corresponding refund of the price that you have paid.
10.3 You are responsible for keeping your account information up to date, including your email address. If the email address to which we send notification to you under this section is no longer valid but you have failed to notify us of this, the sending of our email (notifying you of modified Terms) will be deemed, nonetheless, to be effective notice of the modified Terms.
How to contact us
via mail: Distribution Enterprises, Inc
PO Box 699
Paris, AR 72855
Last updated: 12 October 2017