SEA PEN BOOKS

OVERVIEW

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This website is operated by Sea Pen Books Ltd. Throughout the site, the terms “we,” “us” and “our” refer to Sea Pen Books Ltd. a company registered in England and Wales. Our company registration number is SC727041 and our registered office is at 18 NORTHBURN AVENUE, RUBISLAW, ABERDEEN, SCOTLAND AB15 6AH.

Sea Pen Books Ltd offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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You can contact us by using the “Contact Us” section on the website.

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If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

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By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 

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These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

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Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. 

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You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Wix.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

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SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site that is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

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​SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES

(If applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. The images of the products on the website are for illustrative purposes only. Although we have made every effort to display the colours of products accurately, we cannot guarantee that a computer or device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Also, the packaging of the product may vary from that shown in images on the website.  We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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Our acceptance of your order will take place when a confirmation email is sent to you, at which point a contract will come into existence between you and us.

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If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be for one of a number of reasons including because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because of an issue relating to the personalisation of the product or because we are unable to meet a delivery deadline you have specified.

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We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

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SECTION 5A - KLARNA PAYMENT

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

• Pay in 30 days: The payment period is 30 days from shipment of the goods. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria, Switzerland and the Netherlands.

• Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmark and Finland.

• Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.

• Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service ​or in case of a subscription in accordance with the timelines communicate​d. You will be notified about the date(s) by email.

• Card Payments: Available in Sweden, Germany and Austria. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.

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The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.

 

SECTION 5B - PRICE AND PAYMENT

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking your contract with us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date. We reserve our rights and remedies in any situation where you breach these terms.

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The price of the product (which includes VAT but not import duties) will be the price indicated on the order pages of the website when you placed your order. Delivery charges are not included in the product price. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see below as to what happens if we discover an error in the price of the product you order.

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You must pay for the products before we dispatch them. Credit card, debit card or other electronic payments are handled through a third-party payment processor. This third-party payment processor will collect and may retain your credit card information in order to process your payment. For further detail, please visit our Privacy Policy. Additional terms and conditions of your payment method provider may apply to your purchase.

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We reserve the right to verify credit or debit card payments prior to acceptance. We may cancel or suspend your order if the payment method cannot be verified, is invalid, or is otherwise not acceptable for whatever reason. You are responsible for resolving any payment problems.

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It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

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If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

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When ordering products from us for delivery to any address outside the UK, you may have to pay import duties and taxes, which are levied once the package reaches the specified destination. You are responsible for paying all customs import duties, taxes and additional charges which may apply to your order, including any applicable currency exchange fees.

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SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

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SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

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SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Conditions. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view, please click

here Privacy Policy.

 

We may transfer our rights and obligations under these terms to another organisation, but this will not affect any standard of service you receive under these terms.

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SECTION 11 - MEMBERS AND SUBSCRIBERS 

Member's benefits, offers, and awards are subject to availability and may be changed by us at any time without notice. We may terminate the Member's Program, in whole or in part, upon 30 days written notice posted on www.seapenbooks.com to all active Members and with less than 30 days’ notice in any jurisdiction if required to do so by applicable law. At our sole discretion, we may choose to substitute a similar Members Program for any current Members Program at any time immediately upon notice to active Members. If the Members Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Redemption Award claims, or promotional Award claims will be honoured after the conclusion of the notice period.

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These Program Rules supersede all previous terms and conditions applicable to the Members Program. Except as otherwise expressly prohibited or limited by applicable laws, we may at any time amend, modify or supplement these Members Program Rules, the structure for earning awards (“Awards,” and individually, an "Award") and Award levels at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Awards (collectively “Program Rules Changes”). Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. Your continued participation in the Members Program will constitute your acceptance of any such Program Rule Changes.

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Use of proposition codes, coupons and or other discounts are to be used by a member subscriber only. Promotional codes are not to be shared with non-member subscribers and or to be used more than once for any purchase order. A breach of these conditions will mean, at our sole discretion, we will terminate with immediate effect our service with you and or seek you are excluded as a member subscriber. Any goods that are delivered to you must be returned to us and we will refund the cost you paid of the item only.

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We may use:

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        Public codes

        Anyone can see or use a public promo code, which may be used multiple times. 

        Private codes
        Commonly provided to member subscribers, loyal customers for special shopping opportunities, such as first-time shoppers,         other discounts, and promotions. 

        Restricted codes
        A code that is restricted and is targeted to a single user and can only be used once. For instance, we might send a                         customer a restricted code as an apology for a delayed shipment or as a thank-you for making a large volume purchase

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SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, sizes, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose, including breaching copyright and trademarks; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Wendy Laverick Ltd, its officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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We only supply products for domestic and private use. You agree not to use products for any commercial, business or re-sale purposes without our prior written consent. We have no liability to you for any loss of profit, loss of revenue, loss of business, loss of contract, business interruption, or loss of business opportunity.

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SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sea Pen Books Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer's fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 16 - SEVERABILITY

If any provision of these Terms and Conditions are determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

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SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

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SECTION 19 - GOVERNING LAW

These Terms and Conditions are governed by English and Welsh law, and you can bring legal proceedings in respect of the products in the English or Welsh courts. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. This choice of law does not affect any mandatory rights you may have under your domestic law. 

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Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can find out about the European Commission’s Online Dispute Resolution (ODR) platform here: http://ec.europa.eu/consumers/odr. Currently, we do not use alternative dispute resolution, including through the ODR platform, as a means of settling consumer complaints.

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SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

SECTION 21 - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at info@seapenbooks.com