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Distribution Terms Of Service
This Agreement is a binding agreement between the individual or entity indicated in your Telios Bookstore account and Telios Bookstore and all our affiliates (any entity directly or indirectly controlling, controlled by or under common control with Telios Bookstore).
It provides the terms and conditions of distributing your Products through Telios Bookstore distribution channels including but not limited to our Website (teliosbooks.com).
You accept this Agreement and agree to be bound by its terms by either clicking agree or accept where the option is provided to do so or by submitting your Products for sale and distribution by Telios Bookstore. The person who enters this Agreement warrants that they are entitled to do so or that they are an authorised representative of the Intellectual Property Owner of the Products involved in the Agreement and can bind the Owner to the terms of this Agreement.
Telios Bookstore reserves the right to accept, reject or revoke any account at our discretion without incurring any liability whatsoever.
Registration as an Author on the Website is free and does not oblige you to purchase or sell anything. You must be at least 18 years old (or the age of legal consent where you reside if it is more than 18 years) to register with Telios Bookstore for us to stock your Products for sale. A parent or guardian of a minor can open an Author account on their behalf.
All account details can be modified on account profile on our Website. You are only allowed to have one account at a time. You may not use a false identity to open an Account or impersonate somebody else.
When registering with Telios Bookstore as an Author, you will be required to provide an email address and a password. Please keep your password private as Telios Bookstore accepts no liability for any damages suffered or losses incurred from the use or misuse of your account.
Product Copyright, Distribution & Commission
By submitting a Product for sale and distribution to Telios Bookstore, the Author warrants that they have the legal right to sell and distribute the Product and assign that right to Telios Bookstore worldwide for the duration of this Agreement. Telios Bookstore will not be held liable in any instance whatsoever for any damages and losses incurred through intellectual property rights infringement by the Author and/or their representatives.
Throughout the duration of this Agreement you grant Telios Bookstore the right to electronically and physically distribute and print (on demand and in anticipation of customer demand) Products directly and indirectly through third-party suppliers in all formats you’ve made available through Telios Bookstore by all distribution means available. In addition you agree that we may permit our affiliates, our independent contractors and our affiliates’ contractors the to exercise the rights you’ve granted us in this Agreement. All rights are granted to us on a worldwide basis unless provision is made in writing for an alternative arrangement.
Any suspected case of copyright infringement should be communicated to us in writing to email@example.com with proof of copyright ownership and the instance(s) of copyright infringement. Upon your request and verification of your claim, any payments due in connection with the Products in question will be made to you and the Products will be removed from future sale on our Website as your sole and exclusive remedy.
You retain all ownership rights to your Products and all copyrights as relates to them. Telios Bookstore retains all ownership rights in and to copyrights and all other rights to any materials we use or provide you for use relating to your Product. We retain sole ownership of all data obtained from Customers and prospective Customers. This Agreement doesn’t grant you permissions or other rights to any intellectual property and technology owned or operated by Telios Bookstore and our affiliates.
Telios Bookstore reserves the right to accept or reject what Products we will put up for sale on our Website at our discretion without incurring any liability whatsoever. We also reserve the right, without prior notice, to discontinue or change pricing or specifications of Products offered on this Website without incurring any liability whatsoever.
Telios Bookstore will require the Author to avail the minimum number of physical items communicated during the registration process to us before the Product can be accessible for purchase by Customers. We will endeavour to keep the Product in sufficient stock in conjunction with the Author subject to Product sales and demand.
Product excellence and Customer satisfaction are integral to our operation. If Telios Bookstore is not satisfied with the quantity and/or quality of the books provided for sale by the Author, we may return such Physical Products and not upload the Digital Product equivalents on our Website. If need be, we may request for alternative Products to be provided that meet our Product standards. All electronic files must be submitted to Telios Bookstore free of any viruses, worms and any other potentially destructive and disrupting code.
Telios Bookstore’s E-Book formatting process is tailor-made to provide a wonderful digital reader experience. As such the appearance of the Product in digital format may differ from what the Author provides Telios Bookstore as we reserve the liberty to alter the format at our discretion.
Customers can only access E-Books online from our Website once their payment has been processed. While Telios Bookstore endeavours to reduce the chances of piracy of books in our possession, we cannot make any guarantees that copyright infringement will never occur. Telios Bookstore does not accept any liability whatsoever for any damages or losses incurred in the unlikely event of copyright infringement of a Product on our Website.
The Author is at liberty to sell their Product in other stores not affiliated to Telios Bookstore at their discretion. It is the Author’s responsibility to ensure that any agreement they have with other stores does not contravene the existing agreement with Telios Bookstore in any way or vice versa. The Author will be held liable for damages and losses incurred by Telios Bookstore if such a breach occurs. Telios Bookstore will not incur any liability whatsoever for any agreements the Author enters with other parties in regards to the Products availed to Telios Bookstore for sale and distribution by the Author.
Product sales can be tracked through the Author dashboard which the Author has access to on our Website through their Author account.
Product sales, author remunerations and sales commissions are subject to all applicable taxes as at the time the sale is conducted. Telios Bookstore will retain 10% sales commission from each Product sale. The Author is entitled to receive the remaining percentage from each Product sale once all business costs such as taxes and Telios Bookstore sales commission have been expensed.
Telios Bookstore will make payments to the Author in the currency and through the available channels of payment as agreed on with the Author. It is the Author’s responsibility to ensure that they provide accurate and complete information during the registration process to facilitate timely payments to them. Telios Bookstore will not accept any liability for any damages and losses incurred as a result of inaccurate or incomplete payment information provided by the Author.
If we pay you in a currency other than the primary sales currency (Kenyan Shillings – KES), all conversion charges and fees will be expensed by you. It is the Author’s responsibility to ensure that they fully adhere to the tax requirements they are legally subject to. Telios Bookstore will not be held liable under any circumstance for any tax obligations the Author has not fulfilled.
Monthly payments will be made to the Author for sums that are Ksh. 5000 and above. For amounts below Ksh. 5000, the amount will be carried over into subsequent months until it reaches Ksh. 5000 then it will be dispensed to the Author.
Any inquiries concerning sales and commissions can be made to us through the communication channels available on our Website contact page.
Telios Bookstore may sell Products in multiple currencies. When this happens, the listed Product price will be converted at an exchange we determine and may result in price differences for different Customers.
Telios Bookstore has made every effort to display the Products on the Website as accurately as possible, including:
- the images that represent a visual depiction of the Product;
- features and descriptions that pertain to the Product; and
- specifications in respect of the Product;
The actual Product delivered to the Customer may be subject to variations in appearance, as the Product’s packaging and appearance may differ over time.
If the Customer is not satisfied with the Physical Products delivered then they may return such Physical Products subject to our Returns and Refunds policy. Digital Products such as e-books cannot be returned or refunded.
Telios Bookstore is at liberty to market, sell and distribute a Product through various channels of communication, sales and delivery at our discretion and in the manner we deem fit without any prior notice to the Author. This may include giving Customers free access to certain portions of the Product. We will not owe you any payments for marketing and promotional efforts.
Telios Bookstore may occasionally suggest, from time to time, related Products to the Product that the Customer is viewing on the Website. These related Products are only indicative and not an exhaustive list. Telios Bookstore shall not be liable in the event that the Customer purchases a related Product which they do not require and/or is not suitable for their specific requirements.
The Products displayed on the Website are subject to availability and will be delivered within the areas as determined by Telios Bookstore. Available delivery areas are identified at the checkout process. It is the Customer’s responsibility to ensure that the delivery address, including suburb and postal code, is correct. Telios Bookstore will not be liable for any Product damage/loss or additional costs which may be incurred as a result of Products delivered to an incorrect address which is provided by the Customer.
Telios Bookstore cannot guarantee availability of stock but will endeavour to source stock where possible to fulfill Customer orders. Where items cannot be delivered, we will endeavour to contact the Customer based on the information provided at registration, and either offer the option to cancel the order or reduce the quantities, where applicable. If we are unable to supply every item ordered or in the quantities ordered and cannot contact the Customer then they nevertheless agree to accept delivery and make payment for those items correctly delivered.
Telios Bookstore cannot guarantee availability of purchased Digital Products on our website at all times. While we will endeavour to ensure all Purchased Products can be accessed by the Customer when desired, Digital Products may be temporarily unavailable due to unavoidable circumstances. In such instances, Telios Bookstore will endeavour to restore availability as soon as possible without incurring any liability whatsoever.
Customers can contact us on the channels of communication indicated on our Website contact page to enquire about any Digital Product they are unable to access and we will endeavour to assist them.
All prices displayed on the Website are valid and effective for the moment that they are viewed.
Telios Bookstore reserves the right, without prior notice, to discontinue or change pricing or specifications of products offered on this Website without incurring any liability whatsoever.
Customers will be charged the prices that are reflected on the Website, subject to Product availability. Applicable taxes will be added to Customer orders. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
Prior to delivery or confirmation from Telios Bookstore that the Products are ready for collection by the Customer, Telios Bookstore shall be entitled to process the order once successful confirmation of payment has been made.
All payments made shall be processed by Telios Bookstore and our payment service providers dependent on the Customer’s payment mode of choice. The Customer’s personal information required for the payment transaction shall be provided by the Customer to our payment service providers in order for the payment transaction to be processed.
Telios Bookstore will not accept any orders where Telios Bookstore identifies an inadvertent and obvious error in the prices of Products or the description of any of the Products on the Website.
By submitting an order to buy Products, the Customer:-
- Represents and warrants that they are over the age of 18 (eighteen) years;
- Represents and warrants that they are authorised to place the order, make payment for the order and that there are sufficient funds available for the mode of payment they’re using.
- Represents and warrants that they have followed the payment instructions provided by our payment service providers;
- consent to us providing their personal information to our third party payment providers, which is necessary to enable us to perform our obligations in terms of this Agreement.
In order to protect our interests as well as the Customer’s, we may, but are not obliged to do so, scrutinise transactions to prevent fraud. Any transactions may be refused by Telios Bookstore if we are not satisfied that it is legitimate.
In placing an order the Customer will be required to select whether the Products ordered will be collected from a select location or whether the Customer would like Telios Bookstore to deliver the Products to your specified delivery address. In the event that the Customer wishes to change your order from a collection to a delivery, Telios Bookstore will charge the Customer an additional delivery fee.
All Customer orders placed through the Website can viewed under the Orders tab in their account profile on the Website.
On receipt of the Customer’s order, Telios Bookstore will send them an email describing the Products that they have ordered on the Website. This email shall confirm that Telios Bookstore has received their order, but does not represent any acceptance of their offer to purchase the Products contained in that order. Telios Bookstore is not legally obliged to provide the Products to the Customer during the offer process.
The contract of sale between the Customer and Telios Bookstore will only be completed when Telios Bookstore dispatches the Products to them. Any Products on the same order which have not been dispatched to the Customer do not form part of that contract.
Delivery and collection dates are only estimates, and as the Customer’s order is processed they will be informed if any outstanding Products on their order are unavailable or delayed for any reason.
Upon payment processing & confirmation, instructions on how to access to Digital Products such as e-books will be sent to the Customer electronically via e-mail at no additional cost to them. To protect the intellectual property of Authors on our platform, e-books cannot be downloaded but will be available through the Customer’s Telios Bookstore account on our website.
It is the Customer’s responsibility to ensure that their device and any software used are suitable for accessing the Digital Products purchased on our Website. If the Customer has technical difficulties accessing Digital Products after purchase, Telios Bookstore will endeavour to offer assistance as relates to the use of our Website and Products. Telios Bookstore will not incur any liability whatsoever for issues related to the Customer’s devices and software.
A delivery fee will be charged for each delivery order for Physical Products placed by the Customer
Telios Bookstore shall deliver to the delivery areas indicated at checkout. All deliveries are processed during business hours with the exception of Kenyan public holidays. Should it be unavoidable for us to exceed these delivery times, the Customer will be notified either via telephone or electronically.
The Customer must ensure that the correct delivery address is provided to Telios Bookstore since Telios Bookstore shall not be liable for any deliveries made to an address incorrectly provided by them. In the event that the Customer requests their order be delivered to multiple addresses, the Customer will be charged additional delivery fees.
Telios Bookstore and/or the Delivery Service Provider may be required to make multiple deliveries to the Customer’s delivery address. In the event that Telios Bookstore and/or the Delivery Service Provider elects to make multiple deliveries of the Customer’s order, then they will not be charged any additional delivery fees. The Customer will be advised by Telios Bookstore of multiple dispatches to their delivery address.
By making an order for delivery, the Customer authorises Telios Bookstore to provide their personal information, including their name, delivery address and telephone number to our third party service provider (“Delivery Service Provider”) for the purpose of effecting the delivery.
Telios Bookstore and/or the Delivery Service Providers deliver to registered Customers within certain specified delivery areas. Deliveries to outlying areas shall attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main center. Outlying areas include farms, mines and townships.
Telios Bookstore and/or the Delivery Service Provider may contact the Customer regarding their orders from time to time.
It is the Customer’s responsibility to ensure that they have made arrangement to accept delivery and storage of the Products. Any person other than the Customer who receives the Products at the delivery address is presumed to be authorised to accept delivery on their behalf.
Should no-one be in attendance at the delivery address specified by the Customer at the time of delivery, the Delivery Service Provider will return the Products to us. Telios Bookstore or the Delivery Service Provider will attempt to contact the Customer to make new arrangements for delivery. Telios Bookstore reserves the right to charge an additional delivery fee should it be required under these circumstances.
Telios Bookstore or the Delivery Service Provider shall not be liable for any losses or damages suffered by any person, including the Customer, as a result of any act or omission by Telios Bookstore or the Delivery Service Provider in delivering the Products to the delivery address.
The Customer warrants that the delivery address is suitable for entry by Telios Bookstore’s and/or its Delivery Service Provider’s vehicles and should a claim arise from damage to items such as driveways, overhead cables or walls, then the Customer will be liable for such damages.
The Customer can contact us on the channels of communication indicated on our Website contact page to enquire about their order.
Orders for Digital Products cannot be cancelled if payment has already been processed and Product access granted.
If for any reason the Customer would like to cancel an order for a Physical Product or any part thereof, this may be done by contacting us through our communication channels available on our Website contact page. The Customer will only be able to cancel orders up to midnight two days prior to the date of delivery.
The Customer may return a Physical Product, at their cost, to Telios Bookstore provided they have the original receipt/proof of purchase and have complied with the required terms and conditions in our Returns and Refunds policy.
Refunds & Returns
Telios Bookstore will refund a purchase for the exact amount paid minus delivery costs already incurred by Telios Bookstore.
Refunds will only be processed in accordance with the Returns & Refunds policy. Telios Bookstore reserves the right to effect any refund in the exact manner in which the Customer purchased the Products (for example, cash received refunded in cash and electronic funds transfer back into the account from which the deposit was initially received).
A refund can take up to 7 (seven) business days to reflect in your account, and EFT refunds are subject to verification of your banking details.
More information on refunds is available in our Returns & Refunds policy.
Risk & Ownership
Risk in the Products shall pass to the Customer by acceptance of the Products by their authorised representative on delivery or collection. We will retain ownership in the Products until payment has been received in full. In respect of Deliveries, ownership will pass on offloading of the Products to the pavement.
Customers may review any of the Products on the Website.
Telios Bookstore reserves the right to amend or delete any reviews which are deemed, in Telios Bookstore’s discretion, to be defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carry child pornography, religious or racial slurs or threaten or encourage bodily harm or the like or which may violate any person’s personality rights.
By submitting a Product review, Telios Bookstore may contact the Customer in order to obtain further feedback from them in order to improve Products and Services.
Discounts, Vouchers & Coupons
Telios Bookstore may, from time to time, and in its sole discretion, offer Discounts, Vouchers and Coupons to Customers which can be utilised for purchases of Products from the Website. We will owe you no additional fees or payments for any Products purchased at a promotional or discounted rate.
There are two types of Coupons, a fixed amount voucher for a fixed discount, for example, KES 500 (five hundred Kenyan shillings) off your purchase (“Fixed Discount Coupon”) and a percentage discount, for example, 10% (ten) percent off your purchase (“Percentage Discount Coupon”).
Coupons may only be available to be used on the Website and shall not be redeemable in any store unless otherwise specified in the Coupon terms and conditions.
Coupons may only be applicable to particular Products purchased on the Website and may be limited to a certain number of Products sold.
Each Coupon will include a discount voucher code which the Customer will need to complete in order to redeem such Fixed Discount or Percentage Discount prior to completion of their purchase on the Website.
Each Coupon can only be utilised once and only for 1 (one) order and for 1 (one) account holder.
Each Coupon may be subject to additional terms and conditions which will displayed on such Coupon and the Customer may receive the Coupon via email, sms or in print.
Each Coupon may have a validity date specifying by when the Coupon must be used. Failure to redeem the Coupon within the specified period shall result in the Coupon being void.
Telios Bookstore reserves the right to cancel, correct, amend or reject a Coupon for any reason whatsoever and entirely within Telios Bookstore’s discretion. Furthermore, Telios Bookstore may offer a Coupon to a limited number of Users and accordingly a voucher code may not be active when the Customer attempts to utilise such a voucher code. In such an event, the Customer cannot hold Telios Bookstore liable for such Fixed Discount or Percentage Discount which they may have earned had the Coupon been utilised earlier.
Coupons cannot be exchanged or refunded for cash or any credit and no Customer has any right to receive a Coupon.
Telios Bookstore shall not be liable for any damage or loss which the Author, Customer, or any third party, may suffer as a result of any loss, unauthorised usage or distribution of any Coupon.
In the event that the voucher code does not accurately reflect the Fixed Discount or Percentage Discount when the Customer is making payment, they can contact Telios Bookstore to ascertain if the Coupon is still valid. In the event that the Coupon is valid, then the Customer will be entitled to cancel the order or utilise the Coupon on their next purchase, provided that the Coupon remains valid, has not expired or been cancelled by Telios Bookstore.
The Customer may, from time to time, be required to provide Telios Bookstore with the original communication containing the voucher code together with such additional information which Telios Bookstore may request from them.
General Legal Provisions
This Agreement will be in effect from your acceptance of it until the Author or Telios Bookstore terminates it. Telios Bookstore is at liberty to terminate this Agreement at any time and we will notify you upon termination.
The Author is at liberty to terminate this Agreement and request for their Products to be removed from sale on our Website at any time. However, we require a minimum 90-day notice in writing to effect all the necessary changes and finalize any pending payments to the Author. Any Product refunds required for Customers will be done at the Author’s expense. Arrangements will be made with the Author during the notice period to return any unsold stock in the form of Physical Products to them at their expense. Digital Products such as E-Books will be removed from sale within the notice period. However, Digital Products will continue to be available for access to existing Product Customers for the duration of access granted by the Customer’s purchase.
Telios Bookstore reserves the right to revise the terms of this Agreement from time to time at our sole discretion. You will be notified of any changes through the email address you registered your Author account. The new Agreement will also be availed on our Website under the Distribution Terms Of Service.
Telios Bookstore will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labour conditions.
The Author acknowledges and agrees that Telios Bookstore cannot ensure that Products submitted to us will be protected from theft or other issues or that Customers will comply with any content usage rules made available to them. Telios Bookstore will have no liability from a fault on any system or procedure or of any lack of compliance by a Customer to abide by our Terms & Conditions. Telios Bookstore endeavours to make our systems and processes efficient and free of error but we cannot guarantee that they will be so at all times. As such, we will have no liability arising from system or process errors, interruptions or failures.
Any disputes or claims will be resolved by binding arbitration rather than in court. Any dispute resolution will be conducted on an individual basis and not in a class, consolidated or representative action suit. This Agreement is governed by the laws of Kenya and any arising disputes will be governed by the same without regard to principle of conflict laws.
Questions and feedback about these Terms of Service should be sent to us at firstname.lastname@example.org.