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Terms and Conditions of Subscription

1. General

1.1 We are HarperCollins Publishers Limited (“HarperCollins”, “us”, “we”, “our”), a company registered at Westerhill Road, Bishopbriggs, Glasgow, G64 2QT, Scotland under company number SC027389 and trading at The News Building, 1 London Bridge Street, London, SE1 9GF.

 1.2 These terms and conditions of subscription (the “Subscription Terms”) together with the Privacy Policy (which can be found at https://corporate.harpercollins.co.uk/reporting/privacy-policy/) and the Terms and Conditions of Website Use form the legal terms and conditions applicable to The Locked Library (defined in clause 1.3 below).

1.3 The “Locked Library” is a subscription service curated by HarperCollins via which we sell and supply subscription boxes as detailed on https://thelockedlibrary.co.uk (the “Website”) (the “Subscription Box(es)”) to you.

1.4 Please read these Subscription Terms carefully and make sure that you understand them before ordering a Subscription Box from our Website. Please note that, before placing an Order (as defined in clause 6.1 below), you will be asked to agree to these Subscription Terms. If you refuse to accept these Subscription Terms, you will not be able to sign up for a Subscription.

2. The Subscription

2.1 Reference to a “Subscription” in these Subscription Terms is a subscription to The Locked Library.

2.2 To sign up for a Subscription you must register for an account (the “Locked Library Account”) via our Website and as set out in clause 4 below (“Registration”, “Register”);

2.3 There are two (2) types of Subscription available:

 (a) The “Monthly Subscription” where you pay for one (1) Subscription Box each month; and

 (b) The “Quarterly Subscription” where you pay for three (3) Subscription Boxes in advance (and you will receive one (1) Subscription Box per month for three (3) months).

2.4 Each Subscription Box shall contain one (1) version of a book published by Harper Voyager or Magpie Books which has a design exclusive to the Locked Library (the “Special Edition Book”);

2.5 Each Special Edition Book is chosen specifically by HarperCollins and cannot be substituted for a different book;

 3. The Term

3.1 The term of each Subscription shall commence on the date that you receive email confirmation from us to you confirming that you have successfully Registered for a Locked Library Account via the Website (the “Commencement Date”).

3.2 If you sign up to a Monthly Subscription it will start on the Commencement Date (or 1 February 2023 if your Commencement Date occurred in the Early Sign Up Window defined in clause 3.5 below) and shall carry on every following month (each a “Monthly Period”) unless you terminate your Monthly Subscription as set out in clause 3.6 below and provided that we have not exercised our termination rights as set out in with clause 8 below.

3.3 If you sign up to a Quarterly Subscription it will start on the Commencement Date (or 1 February 2023 if your Commencement Date occurred in the Early Sign Up Window) and every three (3) months (each a “Quarterly Period”) your subscription will renew unless you until terminate your Quarterly Subscription as set out in clause 3.6 below and provided that we have not exercised our termination rights as set out in clause 8 below.

3.4 The “Term” means the length of time each Subscription lasts as set out in clauses 3.2 and 3.3 above.

3.5 If you sign up to a Subscription between 1 October 2022 and 30 January 2023 (the “Early Sign Up Window”), the Term shall not start until 1 February 2023 and your first Subscription Box for the first Monthly Period or Quarterly Period won’t be delivered until February 2023.

3.6 You have the right to cancel your Subscription at any time by notifying us. The easiest way to do this is by logging into your Locked Library Account and filling out the cancellation form provided. You may also cancel by filling in and returning the model cancellation form provided in the Annex to these Subscription Terms below to us by email to customerservices@thelockedlibrary.co.uk Please note that:

 (a) the Monthly Period or Quarterly Period in which you cancel your Subscription is the “Cancellation Period” and your cancellation will take effect from the following Monthly/Quarterly Period. Any Subscription Boxes you have pre-paid will continue to be delivered as set out in these Subscription Terms;

 (b) if you cancel your Monthly Subscription:

 i. prior to the dispatch of your very first Subscription Box for the Term (you shall be notified of the likely dispatch date by email), you shall receive a refund for the full Monthly Subscription Payment (defined in clause 5.1 below) that you have paid so far and no Subscription box will be sent;

 ii. in the fourteen (14) days following receipt of the Subscription Box for your first Subscription Box only (there is a “cooling-off period” for your first Subscription Box in case you change your mind and don’t want to receive the Subscription Box ever again – but we’re sure you will love it!), you shall receive a full refund for the Monthly Box Cost (defined in clause 5.1(a) below) that you have paid so far provided that you:

A. notify us of the return by emailing customerservices@thelockedlibrary.co.uk with your order number and reason for return;

 B. return the Special Edition Book in a saleable condition to the following address: Returns Department, HarperCollins Publishers, Westerhill Road, Glasgow, G64 2QT;and

iii. at any time after receiving the Subscription Box (or more than fourteen (14) days after receiving your very first Subscription Box) for the relevant Monthly Period you will not receive a refund but you will not be charged the Monthly Subscription Payments for any further Monthly Periods.

(c) If you cancel your Quarterly Subscription:

 i. prior to the dispatch of your first Subscription Box, you shall receive a refund for the full Quarterly Subscription Payment (as set out in clause 5.3 below) that you have paid so far;

 ii. in the fourteen (14) days following receipt of your first Subscription Box (there is a “cooling-off period” for your first Subscription Box in case you change your mind and don’t want to receive the Subscription Box ever again – but we’re sure you will love it!), you shall receive:

 A. a full refund for the Quarterly Box Costs (defined in clause 5.2(a) below) that you have paid so far; and

B. a prorated refund for the Delivery Costs that you have paid so far (i.e., any Delivery Costs that have been paid by you, but have not yet been used by us in the delivery of any Subscription Box for the Cancellation Period shall be refunded to you),

provided that you:

C. notify us of the return by emailing customerservices@thelockedlibrary.co.uk with your order number and reason for return; and

D. return the Special Edition Book in a saleable condition to the following address: Returns Department, HarperCollins Publishers, Westerhill Road, Glasgow, G64 2QT; and

E. at any time after receiving your Subscription Box (or more than fourteen (14) days after receiving your very first Subscription Box) you will not receive a refund but you shall still receive all Special Edition Books due for the remainder of the Cancellation Period and you will not be charged the Quarterly Subscription Payments for any further Quarterly Periods.

(d) We will only grant replacements of Special Edition Books if within fourteen (14) days of your receipt of a Special Edition Book if you:

i. inform us that the Special Edition Book is damaged as set out in the criteria set out on thelockedlibrary.co.uk and

ii. provide photographical proof of such damage to customerservices@thelockedlibrary.co.uk as set out in the instructions set out on thelockedlibrary.co.uk: .

For the avoidance of doubt, damage to a Subscription Box where the Special Edition Book inside is not damaged will not entitle you to a replacement Subscription Box and/or Special Edition Book.

(e) We shall send refunds of Monthly Subscription Payments and Quarterly Subscription Payments (on a pro rata basis where relevant) if:

i. there is a risk that the delivery of a Subscription Box may be significantly delayed due to events outside of our control and we have not been able to minimise the effects of such delay as set out in clause 7.4 below; and/or

ii. we have been unable to accept your Order due to the low availability of any Special Edition Book in stock and we have informed you of that via email.

(f) You are responsible for the cost of delivery for the return of any Special Edition Book to us.

 

4. Registering an Account

4.1 To register for a Locked Library Account you must go to https://www.thelockedlibrary.co.uk/account/register and follow the instructions provided on the page.

4.2 When registering for your Locked Library Account you will be required to provide the following information:

(the “Account Information”).

4.3 Any personal data collected by HarperCollins will be used as set out within our Privacy Policy which can be found at https://corporate.harpercollins.co.uk/reporting/privacy-policy/.

4.4 Notwithstanding the foregoing, you are responsible for:

 (a) maintaining the confidentiality of your Locked Library Account; and

 (b) any activities that are carried out via your Locked Library Account

by ensuring, amongst other things, that you do not share your Locked Library Account username and/or password with any third party.

4.5 If you suspect or become aware of any unauthorised use of your Locked Library Account, you agree to notify us immediately by emailing customerservices@thelockedlibrary.co.uk

5. Subscription Payment

 5.1 “Monthly Subscription Payment” means the per Monthly Period payment by you to us of:

(a) twenty two pounds (£22) (the “Monthly Box Cost”) for one (1) Subscription Box); and

 (b) delivery costs for the delivery of each Subscription Box to you (the details of which can be found at www.thelockedlibrary.co.uk/pages/delivery-charges and will vary depending on country of delivery) (the “Delivery Costs”).

5.2 Each subsequent Monthly Subscription Payment after your Monthly Subscription Payment shall be taken at the end of each month for the delivery of the next Subscription Box for the following month.

5.3 “Quarterly Subscription Payment” means the per Quarterly Period payment by you to us of:

(a) sixty pounds (£60) (the “Quarterly Box Costs”) for a total of three (3) Subscription Boxes; and

(b) the Delivery Costs.

5.4 Each subsequent Quarterly Subscription Payment after your first Quarterly Subscription Payment shall be taken in the third month of each Quarterly Period for the delivery of the next three (3) Subscription Boxes for the following Quarterly Period.

5.5 Subscription Payments can only be made via the following methods:

(the “Payment Methods”).

5.6 We may change details of the Monthly Box Costs, the Quarterly Box Costs, Delivery Costs and/or Payment Methods at any time (the “Payment Change“) by posting details of the Payment Change on the Website and by notifying you via email. Any Payment Change will not come into effect until the Period immediately following the Period in which the Payment Change was announced and you will have the opportunity of continuing your Subscription at the new price, or cancelling it. If you do not cancel your Order you will be deemed to have accepted the Payment Changes;

5.7 Whilst we try and ensure that all details and descriptions (including but not limited to the Box Costs, Delivery Costs and Payment Methods) that appear on the Website are accurate, errors may occur. If we discover an error in the Monthly Box Costs and/or the Quarterly Box Cost, we will inform you of this as soon as possible and give you the option of reconfirming your Subscription at the correct price or cancelling it.

5.8 During your Subscription, you will make the first Subscription Payment on Registration and the first Subscription Box for the first Monthly Period or Quarterly Period shall be delivered to you in the following month, subject to the provisions of clauses 3.2 and 3.3 above.

5.9 Subscriptions are available to residents of countries throughout the world other than the USA, Canada and the Canary Islands.

5.10 For deliveries outside of the United Kingdom, you will be responsible for any import costs and any other costs and/or taxes that may arise due to the cross-border delivery of the Subscription Box.

5.11 The Monthly Box Costs, the Quarterly Box Costs and any Delivery Costs will be shown before you finalise your Order on the Website.

5.12 Please ensure that your Account Information and Payment Method is correct and updated at all times. HarperCollins will not be responsible for any loss to you if you provide inaccurate Account Information and Payment Methods.

6. Our Contract with You

6.1 Once you have Registered you can apply for a Subscription via your Locked Library Account (the “Order”).

6.2 When placing an Order you will be required to provide your Payment Method.

6.3 Placing an Order does not mean that we have accepted your Order or that the relevant Subscription Box for any given Monthly Period or Quarterly Period is in stock. A contract will only be formed when you receive an email from us acknowledging and confirming the acceptance of your Order (the “Order Confirmation”).

6.4 Non-acceptance of any Order as set out in clause 3.6(e)(ii) above will not result in the cancellation of your Subscription instead your Subscription will roll over for an additional month.

6.5 When placing your Order you will not be made aware of the title of the Special Edition Books to be delivered in each Subscription Box each Special Edition Book will be a surprise and you will only learn the identity of the Special Edition Book when you receive and open each Subscription Box;

6.6 By Registering for a Locked Library Account on our Website, you confirm that you are over eighteen (18) years old and are authorised to use the selected Payment Method.

6.7 HarperCollins retains the right to refuse any Order made by you, for any reason.

 7. Delivery

7.1 The Subscription Box shall be delivered to the address that you provided as your delivery address when registering for your Locked Library Account. You can change your delivery address in your Locked Library Account on the Website.

7.2 We will inform you of the anticipated delivery date for the Subscription Box (the “Delivery Date”) in the Order Confirmation.

7.3 The Delivery Date is not a guarantee by us to you of the delivery of your Subscription Box on that Delivery Date. The Delivery Date acts solely as an estimate of when you might receive the Subscription Box.

7.4 Notwithstanding the forgoing, if our supply of the Subscription Box to you is delayed by any event outside of our control, we will contact you as soon as possible to notify you of the same and our efforts to minimise the effects of the delay.

8. Our Right to Terminate the Agreement

8.1 We may cancel your Subscription immediately on notice to you if you do not comply with any of these Subscription Terms including, but not limited to:

(a) Failure to make any Subscription Payment when it is due; and

(b) Providing us with incorrect Account Information.

 9. Liability

9.1 We do not seek to restrict our liability for death or personal injury caused by our negligence or that of our employees and agents.

9.2 If we fail to comply with these Subscription Terms, we are only responsible for refunding up to the total cost of all Monthly Subscription Payments or Quarterly Subscription Payments you have made during the twelve (12) months prior to our breach of these Subscription Terms.

9.3 For the avoidance of doubt, we will not be responsible for:

(a) Losses or damage not directly caused by our breach of these Subscription Terms;

(b) Failure to meet any of our obligations under these Subscription Terms,         including but not limited to failure to make the Website available, where such failure is due to events beyond our reasonable control.

 10. Copyright and Other Intellectual Property Rights

10.1 All copyright, trademarks and all other intellectual property rights in the Locked Library, Special Edition Books and all material or content supplied as a part of the Website or the Subscription is owned in HarperCollins or the authors.         

10.2 You agree that use of the data and content from our Website and the Subscription Boxes shall be for your personal, non-commercial use only and you will not do anything which shall infringe the intellectual property rights of HarperCollins and/or the authors.

10.3 You are not permitted to copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material  data and content on the Website and/or any Special Edition Book supplied by  us without our express prior written permission.

 11. Availability of the Website

11.1 We make no representations, warranties or guarantees of any kind regarding the availability and operation of the Website.

11.2 You accept that access to the Website may be suspended and/or restricted occasionally to allow for maintenance, repairs, upgrades and/or the  introductions of new functions, offerings and/or services.

11.3 From time to time, we may make updates to the Website. It is your responsibility to review any new terms and conditions on the Website and by  continuing to use the Website you will be deemed to have agreed to any changes.

12. Other Terms

12.1 You may not transfer your Subscription to another person without our prior written consent.

12.2 These Subscription Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Subscription Terms. 

12.3 If any part of these Subscription Terms is unenforceable, the enforceability of any other part of these Subscription Terms will not be affected and will remain in force.

12.4 If you breach these Subscription Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Subscription Terms.

12.5 We have the right to revise and amend these Subscription Terms from time to time to reflect changes in the market conditions affecting our business,  changes in technology, changes in Payment Methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities. We will  notify you of these changes via email and by posting details of the same on the Website. It is your responsibility to review any new terms and conditions and by continuing your Subscription you will be deemed to have agreed to any  changes. 

12.6 The use of any verb in the present tense shall not preclude the interpretation of the verb in the future tense where appropriate and reference to the singular includes a reference to the plural and vice versa.

12.7 Any dispute and/or claim arising out of or in connection with these Subscription Terms or their subject matter or formation will be governed by English and Welsh law and you agree any dispute under this agreement shall be subject to the exclusive jurisdiction of the English courts.

12.8 Nothing in these Subscription Terms shall prevent our right to bring proceedings before any Court or other Tribunal of competent jurisdiction for injunctive relief preventing the infringement of our and/or any author's intellectual property rights.

12.9 HarperCollins is under a legal duty to supply each Subscription Box as described and in conformity with these Subscription Terms.

 

ANNEX

Model Cancellation Form

To HarperCollins Publisher Limited via email at customerservices@thelockedlibrary.co.uk.

I hereby give notice that I cancel my contract for the supply for the following service:

Subscription to The Locked Library

Ordered on (date):

Name:

Address: