NovelAction.com Terms and Conditions of Use -
Additional Provisions Pertaining to Guest Purchasers
Please read these additional provisions carefully. These provisions, (along with the Terms and Conditions of Use) constitute an agreement between you and Novel Action, Inc. You can view the general Terms of Use by clicking on the "Terms of Use" link at the bottom of any web page on the Site prior to logging in. You can view these additional provisions at any time by clicking on the "Guest Purchaser Terms of Use" link at the bottom of the web page. The words “guest,” “non-member” “you” and “your” refer to you as a customer or prospective customer. “We,” “us,” “our” and “Novel Action” refer to Novel Action, Inc. The “Site” refers to the Novel Action, Inc. website, www.NovelAction.com.
Site Use
This Site is open to adult residents of the 50 states of the United States, and those with APO/FPO addresses, age 18 or older.
You understand that you will be classified as a Guest and not a member of the Site. Guests may purchase books from the Site, but will not have access to any exchange features, custom alerts, chat room, book bucks, member-oriented promotions or coupons, or any other current or future member-oriented features or benefits. Guests can upgrade to membership level by completing the membership registration form on the Site, paying the then current membership dues, and reading and agreeing to the membership provisions of the terms of use. Any books purchased as a Guest are yours, and can therefore be used for exchanges if you decide to upgrade to member level ( provided that they have not been damaged and still meet quality guidelines).
Competitors or immediate family members of competitors are prohibited from using the service. Use by commercial organizations and resellers is prohibited. We reserve the right to limit the quantity and frequency of book purchases.
Email addresses
Email addresses are used for all site communication, including, but not limited to, transaction receipts, shipment notifications, member-scheduled alerts for books and questions, or issues related to orders. If a valid email address is not supplied and there is an issue with an order, that order may be cancelled.
Book Purchase
You understand and agree that all books on the Site are considered “used,” and while all books meet our quality guidelines, individual books may vary in condition. To purchase books from the Site as a Guest, simply complete the Guest registration, then add the books to your book bag using the "Buy" button. Your books will be shipped the next business day. Any books that you purchased from the Site are eligible for exchange, provided that they have not been damaged and still meet quality guidelines.
Taxes and Guest Charges
Applicable taxes will be added for book purchases sent to an Illinois address.
Shipping and Handling
Orders for book purchases are shipped the next business day after order receipt. We primarily utilize USPS media mail, but may also use USPS priority mail, UPS ground or Fed Ex Ground Service, and delivery confirmation is used for all shipments. You can receive roughly 12 paperbacks (up to 6 pounds of books) for a flat rate of $4.80. The actual number may be more or less, depending upon the size of the books. Each book on the Site has a weight clearly displayed. Larger or heavier orders may be split into 2 simultaneous shipments. Orders greater than 10 pounds have higher handling charges incorporated.Shipping rates are as follows:
0-6.000 pounds $4.80
6.001-8.000 pounds $6.50
8.001-10.000 pounds $8.50
10.001-12.000 pounds $10.40
12.001-15.000 pounds $12.20
15.001-20.000 pounds $15.45
20.001-25.000 pounds $18.00
25.001-30.000 pounds $21.45
Refunds and Cancellations
We want you to be completely satisfied with our service. You will always have the ability to confirm your book selection, both in your shopping cart and prior to payment, and it is your responsibility to do so. If you order books from the Site and receive the wrong book(s), you must notify us via email within 3 days of receipt of your order (according to the delivery confirmation). Note that a “wrong book” is defined as a book with a different format (i.e. hardcover, paperback, audio CD), title or author than the ordered book. Because there are often multiple printings of books, the cover photo, ISBN and/or page count shown on the Site for the book you order may not match the book you receive, and a difference in either is not cause for refund or exchange. Weights, page counts and dimensions given for books are estimates. Further, all books shipped will meet our book quality guidelines. Customer dissatisfaction of the condition of a book that meets the book quality guidelines is not cause for refund. If you have any questions about a book, you can contact us for additional details or clarification prior to placing your order.
If you receive the wrong book and the book you originally requested is still in inventory, we will promptly ship the correct book to the shipping address on your account and will, at our discretion, either let you keep the “wrong book” or we will issue either a refund or a coupon credit to cover the postage for you to ship the “wrong book” back to us. If the book you originally requested is no longer in inventory, you may choose to either select another book from the Site, which we will send to you at no charge, or receive a refund for the wrong book.
Orders for book purchases are shipped the next business day after order receipt. Once an order has entered the processing phase, it can not be modified or cancelled.
Items Lost in the Mail
Novel Action will ship via USPS priority mail, USPS media mail, UPS Ground or Fed Ex Ground Service. When shipping via USPS, we will use their delivery confirmation service. When shipping via UPS and Fed Ex, their well established tracking systems will be utilized. If delivery to the address you provided is confirmed by delivery confirmation or the tracking system, the books will be deemed “delivered” and not lost. If delivery is not confirmed within 10 business days of the last expected date of receipt, you will receive a full refund.
Upgrading to Membership
You can upgrade to membership level by completing the membership registration form on the Site, paying the then current membership dues, and reading and agreeing to the membership provisions of the terms of use. Any books that you purchased from the Site are eligible for exchange, provided that they have not been damaged and still meet quality guidelines.
Gift Subscriptions
Members, guests, or visitors can purchase gift subscriptions. A $25 membership gift subscription provides a full 12-month membership to NovelAction.com. The recipient can then conduct unlimited exchanges for just the cost of shipping. Subsequent renewals are the responsibility of the recipient.
Gift subscriptions purchased with a credit card are mailed via first class mail within 3 business days of order receipt. Subscriptions purchased with a check are mailed via first class mail within 12 business days of order receipt (check must accompany order). Priority mail shipment is available for a flat rate of $5.00. The certificate for the gift membership can be sent to the purchaser or the recipient. Instructions for use are on the back of the certificate.
Gift subscriptions are not refundable and are not redeemable for cash.
Gift Baskets and Boxes
Membership is not required to purchase gift baskets and boxes.
A separate book order must be placed for each basket such that there is a unique order ID number associated with each basket purchased. Books must be purchased using the “buy” button. Book bucks and exchange orders cannot be used for basket orders. Of course, all books will meet quality guidelines as outlined on the website, and we will use books in the best condition for your basket.
Large baskets and boxes contain 14 paperback books and small baskets and boxes contain 8 paperback books. Specialty themed baskets are also available for an additional charge. Basket pricing depends upon your specific selection, and is as indicated on the order form. Baskets are normally shipped via media mail. Upgrades to Fed Ex or priority mail are available for additional cost as determined by final weight and destination. Email us at gifts@NovelAction.com for an order form or with any questions, or call us at 312-515-7179.
Basket production starts immediately after order receipt. Cancellations will incur the following penalties, in addition to any shipping charges if the basket has already shipped:
2 - 24 hours after order placement: 20% of total charge
2-3 days after order placement: 30% of total charge
3-4 days after order placement: 50% of total charge
5+ days after order placement: 60% of total charge
Once the basket has been shipped, it cannot be recalled. If the basket has already shipped and you cancel the order, the refund will not be processed unless and until all books are returned, with the basket unopened and in the original shipping container with packing materials. You are responsible for return shipping charges. If the basket was shipped to a 3rd party, you are responsible for contacting that party and initiating the return process following order cancellation.
Account Cancellation
We sincerely hope you’ll enjoy our service, but you may cancel your account at any time without penalty by sending an email requesting cancellation. Your user name and password for the Site will be deactivated and your account will be deleted.
Privacy and Security
Your online privacy and security is of the utmost importance to us. Your personal information is never sold or rented to anyone. Our collection and use of personally identifiable information is governed by our Privacy Policy. Please read it because by accessing and using our Site, you agree to be bound by that policy. You recognize and agree that when submitting your personally identifiable information to NovelAction.com, while Novel Action has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorized access despite our efforts, Novel Action shall not be responsible for such interceptions or unauthorized access, or any direct, indirect, special, incidental, or consequential damages (including lost profits) suffered by a member, even if Novel Action has previously been advised of the possibility of such damages. Novel Action provides no warranty, either express or implied, that the information provided by any customer shall be free from interception or unauthorized access, and does not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of his or her own password.
Changes to These Provisions
Novel Action reserves the right to modify these provisions at any time without advance notice to you. You can view these provisions at any time by clicking on the "Guest Purchaser Terms of Use" link at the bottom of the web page. Whenever material changes are made, we will contact all customers via email, using the email address on account, to inform them that changes have been made. Please review these provisions regularly since your use of the Site as a customer indicates your acceptance of these provisions including any modifications thereof. You consent to receive such communications from us electronically. If you elect not to receive emails from us, you recognize and agree that you must visit the Site periodically to review these provisions. In addition, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Dispute Resolution
You agree that any dispute or claim related to these Terms and Conditions or your use of the Site that can not be resolved by the parties within 45 days after initial notification of dispute or claim will be settled by alternative arbitration conducted under the rules then prevailing of the American Arbitration Association. All fees and expenses of the arbitrator shall be born equally between the parties. The arbitration award shall be the sole and exclusive remedy between the parties. Any monetary award made by the Arbitrator shall be made and promptly paid in United States Dollars. Any award made shall bear interest from the date of the award until final, full payment at a rate to be fixed by the Arbitrator. The decision of the Arbitrator shall be final and binding on each of the parties and may be enforced in any court having jurisdiction over the party against which enforcement if sought. Judgment or decree upon an award rendered by the Arbitrator may be entered in any court of appropriate jurisdiction.
However, to the extent that you have in any manner violated or threatened to violate the Site’s intellectual property rights, the Site may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois.
Indemnity
You agree to defend, indemnify and hold Novel Action and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms and Conditions by you or your authorized users, or in connection with the use of the Site or the Internet or the placement or transmission of any message or information on this Site by you or your authorized users.
Termination/Entire Agreement
Either the Site, or our agreement with you, may be terminated by Novel Action at any time. If you are in violation of these Terms and Conditions, we can, at our discretion immediately terminate our agreement with you. In the event of our termination of this agreement with you, you will be notified and your user name and password for the Site will be deactivated. You will no longer be authorized to access the Site and any and all Book Bucks will be forfeited. All limitations on Novel Action’s liability and on your use of Novel Action material shall survive. We have no plans to discontinue this Site. However, if at some point we decide to terminate the Site, we will provide at least 30 days notice to customers to allow them to conclude their transactions on the Site.
These Terms and Conditions, along with any additional rules or conditions referred to constitute the entire agreement and understanding between you and Novel Action as to your use of the Site, superseding all prior or contemporaneous communications and/or proposals.
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