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These Terms and Conditions ("T&Cs") govern all interactions, transactions, and agreements between Giant Panda Press ("GPP," "we," "us," or "our"), a company registered in Scotland, United Kingdom, and authors, illustrators, composers, narrators, customers, distributors, retailers, and other parties ("you," "your," or "Client") engaging with our services or website at www.giantpandapress.co.uk ("GPP Website"). Our services include the creation, publication, distribution, sale, and promotion of children’s books, e-books, audiobooks, music, and ancillary products (e.g., merchandise, apps, educational materials), distributed globally through platforms such as Amazon, Waterstones, Audible, Spotify, Apple Music, our website, and third-party distributors. By engaging with GPP or using the GPP Website, you agree to be bound by these T&Cs, governed by Scots law. If you do not agree, you should not proceed with any order or engagement.

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1. Information About Us and How to Contact Us

1.1. Who We Are: Giant Panda Press, registered in Scotland, company number SC844973, with a registered office at 4 River Don Crescent, Aberdeen, Scotland.

1.2. How to Contact Us: Use our contact page at www.giantpandapress.co.uk/contact us, which includes frequently asked questions (FAQs). For general inquiries:

• Email:hello@giantpandapress.co.uk

• Phone: +44 (0) 736 810 7289

 1.3. How We Contact You: We will contact you via the email or postal address provided in your order or account. “Writing” includes emails.

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2. Definitions

• Work: Manuscripts, illustrations, audiobooks, music compositions, recordings, or derivative works (e.g., animations, merchandise).

• Rights: Intellectual property rights, including copyright, publishing, audio, music, digital, performance, and derivative rights.

• Territory: Worldwide, unless specified in agreements.

• Net Receipts: Amounts received by GPP after deductions for discounts, fees, taxes, and costs.

• Derivative Work: Adaptations like audiobooks, dramatizations, animations, or merchandise.

• Customer: Individuals or entities purchasing GPP products.

• Personal Information: Data collected per UK GDPR and Data Protection Act 2018.

• Giant Panda Music: GPP’s in house studio for audiobook and music production, holding all music rights.

• Content: Images, text, audio, video, and materials on the GPP Website.

• Digital Products: E-books, downloadable audiobooks, or music.

• Products: Physical and digital products sold by GPP.

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3. Use of the GPP Website

3.1. Access: The GPP Website is for personal, non-commercial use by customers and contractual use by contributors. Commercial use requires GPP’s written consent.

3.2. Prohibited Actions: You must not:

• Copy, reproduce, transmit, or distribute Content without permission.

• Use automated devices or manual processes to access, copy, or monitor the GPP Website, or circumvent its structure.

• Damage, disable, impair, or overburden the GPP Website, or attempt unauthorized access via hacking or other means.

3.3. International Access: If accessing from outside the UK, you are responsible for local law compliance.

3.4. Availability: GPP does not guarantee uninterrupted access or freedom from viruses.

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4. Copyright and Trademark Notice

4.1. Ownership: The GPP Website and Content are owned by GPP or Giant Panda Music (for music) and protected by UK and international copyright laws.

4.2. Contributor Copyright:

• Authors/illustrators retain copyright in manuscripts/illustrations. GPP is granted exclusive publishing/distribution rights.

• Giant Panda Music owns music rights. GPP owns master recordings, unless otherwise agreed.

4.3. Restrictions: Content may not be copied, reproduced, or distributed without permission, except for non-exclusive author/illustrator use (e.g., portfolios) that does not conflict with GPP’s rights.

4.4. Permission Requests: Submit requests to republish Content or use quotations/extracts to permissions@giantpandapress.co.uk, per Section 7.

4.5. Trademarks: The Giant Panda Press name and logo are registered trademarks.

4.6. Downloadable Content: Images/materials may be downloaded for personal, non-commercial use (e.g., school projects). Commercial reproduction is prohibited.

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5. Submission and Acceptance of Works

5.1. Submission Process: Submit manuscripts, illustrations, and music via www.giantpandapress.co.uk/submissions or agented submissions. Unsolicited submissions are accepted during designated periods.

5.2. Review and Acceptance: GPP may accept or reject submissions at its discretion. Accepted Works are subject to exclusive agreements.

5.3. Originality Warranty: You warrant that Works are original, non-infringing, and contain no third-party licensed material. You indemnify GPP and Giant Panda Music against claims.

5.4. Non-Exclusive Author Use: Authors/illustrators may use Works non-exclusively, provided it does not conflict with GPP’s exclusive rights.

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6. Rights and Licensing

6.1. Grant of Rights: You grant GPP exclusive worldwide rights to publish, reproduce, distribute, perform, and create derivative works in all formats for the copyright term (author’s life plus 70 years).

6.2. Copyright Ownership:

• Authors/illustrators retain copyright in manuscripts/illustrations.

• Giant Panda Music owns music rights. GPP owns master recordings, with potential client ownership via agreement.

6.3. Reversion of Rights: Rights revert if the Work is out of print for 24 months and GPP declines to reissue within 6 months of notice, except for existing stock/licenses.

6.4. Moral Rights: You retain moral rights under the UK Copyright, Designs and Patents Act 1988 for attribution and against derogatory treatment.

6.5. Music Rights: Composer/performer rights are per Giant Panda Music agreements, with copyright either retained or assigned.

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7. Permissions for Adaptations

7.1. Request Process: Third parties seeking derivative works (e.g., dramatizations, animations, merchandise) must submit requests to permissions@giantpandapress.co.uk, including:

• Adaptation description (format, scope, audience).

• Intended use (commercial, educational, non-profit).

• Territory and duration.

7.2. Review: Giant Panda Press, with authors/illustrators and Giant Panda Music, reviews requests within 8 weeks, considering Work integrity and commercial potential.

7.3. Licensing Agreement: Approved adaptations require agreements specifying royalties (e.g., 50% of net receipts), territory, duration, and credits.

7.4. Contributor Approval: Authors/illustrators have 14 days to approve adaptations to protect moral rights.

7.5. Fair Dealing: Limited use for research, criticism, or education is permitted under UK fair dealing, subject to approval.

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8. Distribution and Sales

8.1. Channels: GPP distributes via physical retailers (e.g., Waterstones), online platforms (e.g., Amazon, Audible, Spotify, Apple Music), www.giantpandapress.co.uk, and third-party distributors (e.g., Gardners Books).

8.2. Pricing: GPP sets prices and discounts, inclusive of VAT where applicable.

8.3. Orders and Delivery:

• Orders: Subject to availability. GPP may cancel due to stock shortages or errors, with no charge.

• Delivery: Physical products shipped within 5-10 business days (UK) or 10-20 business days (international, limited to UK and Republic of Ireland for direct sales). GPP is not liable for courier delays. Digital Products are delivered via download/streaming with a non-transferable personal use license.

• International: Customers are responsible for customs duties, taxes, and compliance.

8.4. Returns and Refunds:

• Physical Products: Return defective/incorrect products within 30 days for refund/replacement. Non-defective returns at GPP’s discretion, customer pays return shipping.

• Digital Products: No refunds post-download, except for technical defects, verified by GPP per FAQs at www.giantpandapress.co.uk/customer-service.

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9. Online Terms of Sale

9.1. Contract Formation:

• Orders are accepted via email confirmation, forming a contract subject to cancellation rights.

• Individual Customers must be over 18 and use products for personal, non-commercial purposes (e.g., reading, gifting, or educational use by individuals). GPP may reject orders or take action against individual customers suspected of unauthorized commercial intent.

• Retailers and Distributors: Authorized retailers or distributors may place bulk orders for commercial purposes (e.g., resale in retail stores) through www.giantpandapress.co.uk or separate agreements with other distributors. Such orders are subject to GPP’s Retailer Terms or specific distribution contracts.

• GPP assigns an order number, provided in the confirmation email.

9.2. Product Details:

• Descriptions, specifications, and prices are as shown on the GPP Website at order time.

• Products may vary slightly from images due to device display limitations.

• GPP may make minor technical changes without affecting function, quality, or price.

• If products are unavailable, GPP will notify and refund payments.

9.3. Pricing Errors: If found before dispatch, GPP offers reconfirmation at the correct price or cancellation with a full refund.

9.4. Payment:

• Accepted methods are shown on the GPP Website. Payments use secure TLS/HTTPS encryption.

• Payment is processed upon card authorization, with email confirmation.

9.5. Delivery:

• Goods are delivered to the provided address, subject to confirmation.

• If delivery fails, GPP notifies you of an alternative date or collection point.

• Refer to Section 8

• Shipping occurs within 30 days, or you may cancel with a full refund within 30 days of request.

• Ownership and risk transfer upon delivery.

• GPP is not liable for delays outside its control (e.g., strikes). For substantial delays, United Kingdom specific, (>30 days), you may cancel and receive a refund.

9.7. Digital Product Usage Rules:

• Digital Products are for personal, non-commercial use only, accessible via www.giantpandapress.co.uk or partner platforms (e.g., Audible, Spotify).

• Store on personal devices (computer, e-reader, tablet, smartphone). High-speed internet is recommended.

• Subject to digital rights management (DRM), restricting copying, pasting, or printing.

• You may not copy, adapt, translate, distribute, modify, decompile, reverse engineer, or combine with other software, except as permitted by law.

• Digital Products are provided “as is” without warranties for quality, fitness, or defect correction, except as required by law.

• Use requires compatible devices, internet access (fees may apply), and software updates. You are responsible for these requirements.

• GPP may modify usage rules, impacting access. Archive one copy on a secure device.

9.8. Cancellation Rights:

• Cancel within 14 days of receiving physical goods by notifying orders@giantpandapress.co.uk or +44 (0) 131 123 4567, providing name, address, order number, and delivery details.

• Optional cancellation form:

  To: Giant Panda Press, [Insert Address, Edinburgh, Scotland] Email: orders@giantpandapress.co.uk I hereby give notice that I wish to cancel my contract for the supply of the following goods: Ordered on/received on: [Insert Date] Name: [Insert Name] Address: [Insert Address] Signature (if on paper): [Insert Signature] Date: [Insert Date]

• Return goods in unused, resalable condition to [Insert Address]. You bear return shipping costs and must obtain proof of posting.

• If goods are handled beyond necessary inspection, GPP may deduct up to the purchase price from the refund.

• Refunds are processed within 14 days of receiving goods or proof of return.

• No refunds for Digital Products post-download, except for defects.

9.9. Retailer and Distributor Orders:

• Authorized retailers and distributors may place bulk orders for resale through www.giantpandapress.co.uk or via separate distribution agreements.

• Bulk orders are subject to GPP’s Retailer Terms, which include pricing, payment terms, delivery schedules, and return policies specific to commercial transactions.

• Retailers must provide proof of authorization (e.g., business registration, distribution agreement) upon request.

• GPP may reject bulk orders from unauthorized entities or those suspected of violating distribution agreements.

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10. Cookies

10.1. Use: Cookies are stored on your browser/device to distinguish users.

10.2. Types:

• Strictly Necessary: Required for website operation; cannot be disabled.

• Performance: Track visitor numbers and usage.

• Functional: Enable personalization.

• Targeting: Set by partners for advertising.

10.3. Purpose: Cookies improve browsing, collect usage data, and support analytics. GPP does not control third-party cookies.

10.4. Preferences: Set/change preferences at www.giantpandapress.co.uk. Disabling functional cookies may affect functionality. See www.allaboutcookies.org for more information.

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11. External Links

11.1. Third-Party Websites: Links (e.g., to partner platforms) are not controlled by GPP. GPP is not liable for their content, availability, or harmful material. 11.2. Liability: GPP is not liable for damage/loss from third-party websites.

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12. Competitions and Prize Draws

12.1. Rules: Governed by these T&Cs and specific Competition Rules.

12.2. Entry:

• Details on eligibility, entry methods, prizes, and deadlines are in Competition Rules.

• Entries must be received by the closing date. GPP is not responsible for transmission errors.

• Entrants under 13 require adult permission.

• One entry per person. False names/addresses result in disqualification.

• GPP/ GP Music employees cannot enter.

12.3. Selection:

• Competitions: Independent judge selects most original tiebreaker.

• Prize Draws: Random selection via computer or independent person.

12.4. Notification: Winners are notified within 14 days. Prizes are sent within 14 days.

12.5. Publication: Winners’ names/towns/entries may be displayed. Object at support@giantpandapress.co.uk.

12.6. Prizes: Non-transferable, non-negotiable, no cash alternative.

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13. Marketing and Promotion

13.1. GPP’s Responsibilities: GPP promotes Works via social media, book fairs, and partnerships.

13.2. Contributor Responsibilities: Authors/illustrators/composers participate in up to 5 events/year, with GPP covering reasonable travel expenses.

13.3. Branding: GPP may use your name/likeness/biography, subject to approval within 7 days.

13.4. Promotional Copies: Free/discounted copies may be distributed without royalties.

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14. Ancillary Services

16.1. Scope: Includes merchandise, apps, educational materials, and workshops, with terms in separate agreements.

16.2. Royalties: Contributors receive as agreed.

16.3. Approval: Authors/illustrators approve ancillary products.

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15. Registration, Passwords, and Security

17.1. Options: Place orders as a guest or create a profile with Log-In Details (username/password).

17.2. Responsibility: You must keep Log-In Details secure and not share them. GPP is not liable for unauthorized use unless due to our negligence. Notify GPP at support@giantpandapress.co.uk of suspected misuse.

17.3. Information Accuracy: You confirm you are over 18 and all provided information (e.g., registration) is true and up-to-date. Update details at www.giantpandapress.co.uk/my-profile.

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16. Use of Personal Information

16.1. Data Collection: GPP collects personal information per UK GDPR and Data Protection Act 2018, as detailed at www.giantpandapress.co.uk/privacy-policy.

16.2. Purpose: Used for orders, payments, royalties, marketing (with consent), and communications.

16.3. Sharing: Shared with Giant Panda Music and service providers under confidentiality agreements. International transfers comply with UK GDPR.

16.4. Retention: Retained for 7 years or as required by law. Request access/correction/deletion at data@giantpandapress.co.uk.

16.5. Marketing: Opt in to marketing emails; unsubscribe via email links.

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17. Warranty and Liability

17.1. Warranty for Physical Products:

• Physical products (e.g., books, CDs) are warranted to be free from manufacturing defects (e.g., printing errors, binding issues, damaged media) upon delivery, in accordance with the UK Consumer Rights Act 2015.

• If a physical product is defective, you must notify GPP within 30 days of receipt at orders@giantpandapress.co.uk, providing order details and evidence of the defect (e.g., photos).

• GPP will, at its discretion, replace the defective product or issue a refund. GPP covers return shipping costs for defective products.

17.2. Warranty for Digital Products:

• Digital Products (e.g., e-books, audiobooks, music) are warranted to be free from technical defects (e.g., corrupted files, unplayable content) upon delivery.

• If a Digital Product is defective, notify GPP within 30 days of purchase at sales@giantpandapress.co.uk. GPP will provide a replacement file or alternative access, subject to verification.

• No refunds are issued for Digital Products once downloaded, except for verified technical defects. Digital Products are provided “as is” without warranties for quality, fitness for purpose, or compatibility, except as required by law.

17.3. Exclusions:

• Warranties do not cover damage caused by wear and tear, willful damage, negligence, improper use, or failure to follow usage instructions (e.g., device compatibility for Digital Products).

• GPP is not liable for issues arising from third-party platforms (e.g., Audible, Spotify) or customer devices.

17.4. Retailer Returns:

• Authorized retailers purchasing in bulk may return defective physical products within 30 days of receipt, subject to GPP’s Retailer Terms (www.giantpandapress.co.uk/retailer-terms). Retailers must provide proof of defect and order details.

• Returns are processed as replacements or credit notes, at GPP’s discretion.

17.5. Liability:

• GPP is liable for foreseeable loss or damage caused by breaching these T&Cs or failing to use reasonable care and skill, per the UK Consumer Rights Act 2015.

• GPP is not liable for indirect, consequential, or unforeseeable losses, or for damage to customer devices unless directly caused by a defective product supplied by GPP.

• Liability is limited to the purchase price for customers or royalties paid for contributors.

• If you refuse or fail to accept delivery, risk of loss or damage transfers to you, and you remain liable for payment.

17.6. Website Content:

• GPP makes reasonable efforts to ensure website accuracy but does not guarantee that Content is complete, up-to-date, or free from viruses or harmful elements.

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18. Complaints

18.1. Process: Submit complaints about goods or services to support@giantpandapress.co.uk. GPP will respond within 7 business days. We aim to resolve complaints through our internal process, as detailed at www.giantpandapress.co.uk/customer-service.
18.2. Alternative Dispute Resolution (ADR):

• UK Customers: If you are a UK consumer and your complaint remains unresolved, you may contact an approved UK ADR provider, such as through the Chartered Trading Standards Institute (www.tradingstandards.uk/consumers/adr-approved-bodies). GPP prefers mediation or arbitration, as outlined in Section 2o.

• EU Customers: If you are a consumer residing in the EU and your complaint about an online purchase remains unresolved, you may use the EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/odr to escalate to an approved ADR provider. This applies only to online purchases made via www.giantpandapress.co.uk.

• Non-EU Customers: Complaints are handled via GPP’s internal process or local dispute resolution mechanisms, where applicable.
  20.3. Retailer Complaints: Complaints from authorized retailers or distributors are handled per GPP’s Retailer Terms (www.giantpandapress.co.uk/retailer-terms).

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19. Changes to Terms and Conditions

19.1. Updates: GPP may update T&Cs, posted at www.giantpandapress.co.uk/terms. Check for updates; continued use constitutes acceptance.

19.2. Notification: Material changes notified via email/website 30 days before effect.

19.3. Contractual Impact: Changes do not retroactively affect existing agreements unless agreed.

19.4. Digital Products: Updates may be required for legal, regulatory, or technical reasons (e.g., security). GPP is not liable for reduced functionality post-update. Archive Digital Products on a secure device.

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20. Dispute Resolution

20.1. Mediation: Disputes first addressed via mediation in Edinburgh, Scotland.

20.2. Arbitration: If mediation fails, binding arbitration under Scottish Arbitration Centre rules in Edinburgh.

20.3. Litigation: If arbitration is not viable, disputes are resolved in courts based on Scots law, Scottish courts.

• Other countries: Scots law, Scottish courts.

20.4. Contributor Disputes: Governed by Scots law, resolved in Scottish courts.

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21. Other Important Terms

21.1. Confidentiality: Non-public information (e.g., financial terms, unpublished Works) is confidential, except as required by law.

21.2. Entire Agreement: These T&Cs and signed agreements constitute the entire agreement.

21.3. Third-Party Rights: No third party has rights to enforce these T&Cs, per the Contract (Third Party Rights) (Scotland) Act 2017.

21.4. Assignment: You may not assign rights without GPP’s consent. GPP may assign to a successor/affiliate.

21.5. Severability: Invalid provisions do not affect remaining provisions.

21.6. Enforcement Delay: GPP’s delay in enforcing T&Cs does not waive rights.

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24. Contact Information

Giant Panda Press 4 River Don Crescent, Aberdeen-Scotland

Emails:

• General: hello@giantpandapress.co.uk

• Sales: sales@giantpandapress.co.uk

• Complaints: Support@giantpandapress.co.uk

• Permissions: permissions@giantpandapress.co.uk

• Data Requests: data@giantpandapress.co.uk

• Phone: +44 (0) 736 810 7289

• Website: www.giantpandapress.co.uk

• Customer Service: www.giantpandapress.co.uk/customer-service (includes FAQs)

By engaging with Giant Panda Press or using the GPP Website, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

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