PURCHASE TERMS AND CONDITIONS

EFFECTIVE JULY 1, 2016

 

INTRODUCTION

(a) Welcome to www.Blackstonelibrary.com (the “Site”). These Purchase Terms and Conditions govern the purchase of audiobooks, and related matter in CD format, MP3 CD format, Playaway format, and other possible formats (collectively, “Book Content”), as well as the purchase of accessories and other products (collectively, “Products”) through the Site. By purchasing any Book Content and/ or Products, you agree to be bound by these Purchase Terms and Conditions, which are subject to change by Blackstone Audio, Inc., (“Blackstone”) at any time, in its sole discretion. Changes to these Purchase Terms and Conditions are effective when posted. You can determine if these Purchase Terms and Conditions have been revised by referring to the effective date above. Blackstone will also provide notification of significant changes to these Purchase Terms and Conditions through a link on the home page of the Site. In addition, if changes are significant and if you have set up an account through the Site, we will also notify you of such changes either: (i) via the email address you have provided to us; or (ii) by requiring that you click-to-agree to the revised Purchase Terms and Conditions the next time you access your account or purchase Book Content or Products. Your continued use of the Site and/or purchase of Book Content or Products from the Site constitutes acceptance of these Purchase Terms and Conditions in their then-current form. We will keep prior versions in an archive for your review upon request.

(b) Your use of the Site is governed by Blackstone’s Terms of Use and Privacy Policy, which are incorporated herein by reference. In the event of a discrepancy between these Purchase Terms and Conditions and the Terms of Use, these Purchase Terms and Conditions govern. In the event of a discrepancy between these Purchase Terms and Conditions and any other terms and conditions relating to specific portions or features of the Site or specific Book Content or Products on the Site, the specific portion or feature of the Site will govern with respect to uses of such specific portions or features or the purchase and use of specific Book Content or Products, as applicable.

USE OF BOOK CONTENT AND PRODUCTS

(a) When you purchase Book Content and/or Products, you agree you will only use the Book Content and Products for circulation within your library setting. Further, for audiobooks, Blackstone grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to play sound clips of up to 5 minutes from such on your official library website and at events sponsored by the library that take place on library property.

(b) You agree to not copy, reproduce, or duplicate, the Book Content.

(c) Any such unauthorized copy, reproduction, or duplication of any Book Content constitutes copyright infringement, breach of contract, and potential other liabilities, and may be subject to civil and criminal penalties.

PRICES

Blackstone reserves the right, in its sole discretion, to change prices at any time and to correct pricing errors that may inadvertently occur. Your purchases will be processed according to the price listed on the Site for the applicable Book Content or Product at the time of purchase.

FORMS OF PAYMENT

(a) You can purchase Book Content and/or Products available on our Site using a purchase order or by simply entering your purchase request into the Site, and Blackstone will then send you a bill for payment offline. If you submit a purchase order, any terms and conditions on your purchase order will have no force or effect regarding your purchase, use, or payment for Book Content and/or Products purchased from Blackstone, or your use of the Site.

(b) Alternatively, you can pay for Book Content and/or Products using your credit card. Blackstone accepts most major credit cards. Your complete credit card number is never stored on www.Blackstonelibrary.com. Blackstone only sees the last 4 digits of your credit card, which is used only for verification purposes. Blackstone does store the last 4 digits of your credit card. Your credit card information is processed and stored by a third party payment service provider that follows Payment Card Industry (“PCI”) standards for safe storage of credit card information, and our third party payment service provider is PCI compliant. We do not use (and our third party payment service provider does not use) your credit card information for any purpose other than to charge you for purchases you elect to pay for through the Site with your credit card.

(c) We will charge you in connection with the purchase of any Book Content and/or Products that you purchase along with related additional charges (such as taxes, shipping costs, and late fees) as applicable Blackstone may use all legal means available to collect any outstanding fees should our attempts to charge your credit card or to otherwise collect payment from you fail for any reason, including collection agency and legal fees.

STANDING ORDERS FOR BOOK CONTENT

(a) You can choose to join Blackstone’s Standing Order Plan. Under Blackstone’s Standing Order Plan, you will be billed either at a special flat rate or at a specified discount. You understand that Blackstone’s Purchase Terms and Conditions require you to make a minimum number of purchases each month or each season. For more information regarding our Standing Order Plan, click here. Your library has the option to choose which titles will be received on your standing order plan. If you are on a monthly plan and do not make your selections by the 25th of the month, selections will automatically ship to you (“automatic selections”). If you are on a seasonal plan and do not make your selections by the 15th of the last month of the season, selections will automatically ship to you (“automatic selections”). Should you like to select alternate Book Content after these automatic selections have shipped, you will be required to obtain a return authorization and ship the automatic selections back to Blackstone at your expense. For more information about return authorizations, see the “Returns” section below.

(b) The term shall commence on the signature date. You may cancel it without cause by advance written notice at least 14 days prior to the next ordering month or season.

MONTHLY CUSTOMERS:

(a) The library will order titles every month based on their plan. They may choose any titles published in the month they are fulfilling, or any of our backlist titles, to fulfill their monthly commitment; future month’s releases do not count towards current month’s requirements.

(b) The monthly commitment resets monthly. The library may purchase additional titles in any given month beyond their required amount at the same discounted price. However, these additional titles will not count towards future monthly requirements.

SEASONAL CUSTOMERS:

(a) The library will order titles every season based on their plan. They may choose any titles publishing in the season they are fulfilling, or any of our backlist titles, to fulfill their seasonal commitment; future season’s releases do not count towards current season’s requirements.

(b) The seasonal commitment resets every four months. The library may purchase additional titles in any given season beyond their required amount at the same discounted price. However, these additional titles will not count towards future seasonal requirements.

RETURNS

(a) You may cancel an order for Book Content and/or Product at any time prior to shipment, so long as we have sufficient time to prevent shipment. Items may be returned within 30 days of invoicing. Return authorization is required. For a return authorization, or if there is a problem with your purchase from Blackstone, please contact Customer Service at 1-800-621-0182 within 30 days of the purchase date to arrange for exchange or refund, if appropriate. In the event of a Blackstone shipping error, Blackstone will pay for shipping of return items, so long as you comply with our return shipping instructions. For all other returns, you are solely responsible for paying the cost of shipping.

(b) If you experience technical problems accessing or using such Book Content, Blackstone will be happy to help you resolve the problem. Please contact us at libraryservices@Blackstoneaudio.com or 1-800-621-0182 for assistance.

(c) Please see our FAQs for further information regarding the processing of returns.

REPLACEMENTS

Replacement CDs, MP3 CDs, and packaging are available. CDs, and MP3 CDs will be replaced free of charge if received damaged or defective for up to thirty (30) days after the date of purchase.

Standing Order PLAN REPLACEMENT POLICY

(a) If you are on a Standing Order Plan (SOP) and your account is in good standing, replacements for titles purchased directly from Blackstone on library edition CDs and MP3 CDs are free for 24 months from date of purchase. After 24 months, the replacement cost for a library edition is $4 for individual standard CDs and $6 for individual MP3 CDs. SOP customers receive free shipping for replacements.

(b) Blackstone reserves the right to charge for replacement discs if the SOP commitment is not being met or if the replacement policy is being abused.

STANDARD REPLACEMENT POLICY

(a) Blackstone Audio does not sell replacement discs for products not purchased directly from Blackstone Audio.

(b) If Blackstone still maintains rights to the title, the replacement cost is $7.95 for individual standard CDs and $12.50 for individual MP3 CDs, plus shipping. Replacement pricing is as follows:

  1. Replacement CDs = $7.95 each;
  2. Library Edition Large CD Case + Artwork = $2.95 each;
  3. Library Edition Small CD Case + Artwork = $2.95 each;
  4. Library Edition Artwork = $1.50 each;
  5. Library CD Sleeves = $.10 each;
  6. Replacement MP3 CDs = $12.50 each;
  7. MP3 CD Case + Artwork = $3.00 each; and
  8. MP3 CD Artwork = $1.50 each

(c) Replacements are not available for titles that Blackstone no longer has the right to distribute. Once Blackstone no longer possesses the right to distribute certain titles, no replacement for said titles is possible. In addition, Blackstone no longer offers overstock titles or free books as compensation for titles Blackstone no longer has the right to distribute.

PLAYAWAY REPLACEMENT POLICY

Damaged or defective Playaway units, as well as replacement requests are handled directly by Findaway at customerservice@findawayworld.com. Findaway’s replacement policies can be viewed here.

RISK OF LOSS

You will bear the risk of loss for any Book Content and/or Products you purchase from the Site. If you lose the Book Content and/or Products you purchase from us, or if such Book Content and/or Products become damaged, Blackstone shall have no responsibility for replacing such Book Content or Products, and Blackstone shall have no payment or other obligation to you and no other liability arising out of such loss or damage to the Book Content and/or Products, as applicable.

ADDITIONAL TERMS AND CONDITIONS

(a) See additional terms and conditions regarding the purchase of Book Content and/or Products from the Site and our collection and use of your information in our Terms of Use and Privacy Policy.

(b) Your purchase of Book Content and/or Products constitutes your acknowledgement of an agreement to these Purchase Terms and Conditions, as well as our Terms of Use and Privacy Policy.

© 2016. Blackstone Audio, Inc. All Rights Reserved.