PURCHASE TERMS AND CONDITIONS
EFFECTIVE February 1, 2019
INTRODUCTION
(a) Welcome to www.Blackstonewholesale.com (the “Site”), operated by Blackstone Audio, Inc. (“Blackstone,” “Company,” “we,” or “our”). These Purchase Terms and Conditions govern the purchase of print books, and related matter in CD format, print 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 at any time, in its sole discretion. Changes to these Purchase Terms and Conditions are effective when posted, unless some other date is identified. The latest version will be posted on the Site. Accordingly, you should visit this page periodically to review the most current Purchase Terms and Conditions. You can determine if these Purchase Terms and Conditions have been revised by referring to the effective date above. In addition, if you have set up an account through the Site, we may, in our discretion, 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 following such revisions constitutes your acceptance of these Purchase Terms and Conditions in their then-current form.
(b) Your use of the Site is governed by Blackstone’s Terms of Use, 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 retail sale, wholesale, or distribution through your corporate or bookstore setting, or on your official website. Further, for audiobooks, Blackstone grants you a limited, revocable, nonexclusive, nontransferable, nonassignable, nonsublicensable license to play sound clips of up to 5 minutes from such audiobooks on your official website and at events sponsored by the you and that take place on your bookstore property.
(b) You agree not to alter, modify, sell, transfer, share, lease, decompile, disassemble, reverse engineer, copy, reproduce, duplicate, distribute outside of your bookstore setting, publically perform or display outside of your bookstore setting, create derivative works therefrom, or otherwise commercially exploit the Book Content or Products.
(c) Any such unauthorized transfer, copy, reproduction, or duplication of any Book Content and/or Products constitutes copyright infringement, breach of contract, and potential other violations and 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.
DISCOUNTS
The discount price schedule below is for use by commercial accounts purchasing for retail. Discounts apply only to Blackstone brand books and audiobooks. The discounts set forth below do not apply to titles which are not produced by Blackstone Publishing. You can order one title or more than one title to qualify for discounts.
Prepaid Orders. All prepaid orders earn a 55% discount. Prepayment is required for international orders.
Drop-Ship Orders. This is an arrangement whereby a mail-order, Internet merchant, or retailer chain accepts orders for products and then pays Blackstone to ship the product directly to the customer or store. The discount is set at 50% off the retail price on Blackstone's productions. Handling fees will be charged.
FORMS OF PAYMENT AND TERMS
(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.Blackstonewholesale.com. Blackstone only accesses and stores 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 complete 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. 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. Initial orders require cash with order, COD, or credit-card payment. For customers with established credit accounts, payment is due net-30 days from the date of invoice. A finance charge of 1.5%-per-month will be charged on all balances over 30 days. To establish credit, submit a completed credit application at least three business days prior to placing an initial order.
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.
RETURNS
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. Unused items in mint, saleable condition, may be returned within 180 days from the date of purchase. Return authorization is required prior to returning any items. For a return authorization please contact Customer Service at 1-800-621-0182 within 180 days from the date of 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.
REPLACEMENT POLICY
(a) Blackstone does not sell replacement discs for Book Content not purchased directly from www.blackstonewholesale.com.
(b) If you receive CDs in a damaged or defective state, Blackstone will replace such damaged or defective CDs free of charge for up to thirty (30) days after the date of purchase. Thirty or more days after the date of purchase, Blackstone will not replace damaged or defective CDs free of charge.
(c) For Book Content purchased directly from www.blackstonewholesale.com, if Blackstone still maintains rights to the title at issue, replacement CDs, MP3-CDs, and packaging are always available. Cases, CDs, and MP3-CDs will be replaced free of charge if defective and if reported within 30 days of receipt. If broken during the course of use, these are replaceable for a fee. Replacement pricing is as follows:
$7.95 for each CD
$12.50 for each MP3-CD
$3.00 for any small trade CD case (1-12 CD capacity)
$5.00 for any medium/ large trade CD case (12-52 CD capacity)
$3.00 for the MP3CD case
$1.50 for artwork only
(d) 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.
SHIPPING AND RISK OF LOSS
Orders are shipped FOB Ashland, Oregon. Audiobooks will be shipped via UPS unless you specify otherwise. Shortages or non-receipt of shipment must be reported to us within 45 days of order date.
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, except as expressly set forth in the sections directly above regarding replacements. 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.
UNENFORCEABILITY
If any provision of these Purchase Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
IMPORTANT: ADDITIONAL TERMS AND CONDITIONS
(a) See additional terms and conditions regarding the purchase of Book Content and/or Products from the Site in our Terms of Use. In particular, please review the disclaimers and limitations of liability in the Terms of Use, but please review the entire Terms of Use as well.
(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.
(c) See additional information regarding our collection and use of your information in our Privacy Policy.