E-Book, Digital + Educational Products Terms and Conditions
This page tells you the terms and conditions (Terms) on which I supply any of the products (Products) listed on my website shop.helloamygarner.com (my site) to you. Please read these Terms carefully before ordering any Products from my site.
You should print a copy of these terms and conditions for your future reference.
By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.
1. INFORMATION ABOUT US
Shop.helloamygarner.com is a site operated by Amy Garner trading us Hello Amy Garner and Home School + Community (“we”, “I” or “us”). My business address is Carrer Dels Serveites 13, Box 51, Banyoles, 17820, Girona, Spain and my email address is info @ helloamygarner .com. Office Hours: 9am – 5pm UK Monday – Thursday.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside those countries.
3. YOUR STATUS
By placing an order through our site, you warrant and confirm that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You will only use a Product
for your personal use and you may not copy, sell, publish or distribute
such document or use it in whole or in part to create another document.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order for a digital product, you will receive an e-mail with the Download Confirmation and any log-in details, if relevant to your purchase. This forms the start of our contract agreement.
4.2 You hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed, i.e. the purchase is made and the download email has been sent.
Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact info @ helloamygarner .com to advise us that the Product has not been made available for download. As our systems are automated, we shall not be liable for any delay in the download of any Product.
6. TITLE AND INTELLECTUAL PROPERTY
6.1 You will only be entitled to use the Products when we receive full payment of all sums due in respect of the Products.
6.2 As between us and you, all Intellectual Property Rights and all other rights in any Products shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Product.
6.3 We shall enforce our Intellectual Property Rights in the Products to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLIING OR DISCLOSING A PRODUCT IS STRICTLY PROHIBITED.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT except where expressly stated otherwise.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.
7.4 Payment for all Products must be by such method of payment as is specified on our website. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Product.
8.1 As you are able to download, make use of and copy the Product immediately, we do not offer refunds, except for very limited circumstances at our discretion.
9. OUR LIABILITY
9.1 Our Products are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Products as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.
9.2 If, for any reason, we are liable for any damages, other than those for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law), our total liability shall be limited to the amount of the Product purchased.
9.3 By purchasing a Product, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable, arising out of or in any way connected with the use of a Product, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).
10. WRITTEN COMMUNICATIONS
You agree that our communication with you will be entirely electronic and via email. We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Amy Garner at info @ helloamygarner .com. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Document copyright 2019 SBLA.