Sale of Digital Products Terms and Conditions
LAST UPDATED: [01.10.2010]
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to within them. You should print a copy of these Terms for future reference.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms and conditions which will apply at that time.
- Our Products
1.1 The images of the Products on our website are for illustrative purposes only and the actual images or pages of the digital books may vary from that shown on images on our website.
- Use of Our Website
2.1 Your use of our website is governed by our Website Terms and Conditions. Please take the time to read these, as they include important terms which apply to you.
2.2 You may only purchase Products from our website if you are of legal age and are able to form a legally binding contract.
2.3 If you are buying on behalf of another person, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Products.
- How the Contract Is Formed Between You and Us
3.1 Please take the time to read and check your order at each page of the order process before submitting your order to us.
3.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted and a contract is only formed between us when we receive confirmation of your payment.
- Our Right to Vary These Terms
4.1 We may revise these Terms from time to time for legal or regulatory reasons, or to reflect changes in our business practices.
4.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
4.3 Whenever we revise these Terms, we will keep you informed by stating at the top of this page that these Terms have been amended and the relevant date.
5.1 The sale is for a digital book document and is a digital content as per Customer Rights Act 2015 (“Act”). The digital content is “delivered” to the Customer at the point it reaches the Customer’s device or an independent trader such as an Internet Service Provider (ISP) or Mobile Network Operator (MNO), who the Customer has contracted with for a service to deliver the digital content to their device, whichever is sooner.
- Price of Products
6.1 The prices of the Products are set out on our website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, we will inform you of this error and we will give you a refund for the extra amount you have been charged. You agree to pay any extra amount if you have been charged less than the actual value. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
- Your Right of Return and Refund
7.1 The product being digital goods, we shall not refund any purchase unless we have made an obvious error that lead you to purchase the wrong product. We will also refund any faulty products, for example, an e-book with an incorrect number of pages. When a Customer downloads the e-book, Customer has waived its right to withdraw from the sale, so the Customer cannot return the e-Book for a refund.
- Our Liability
8.2 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Contract or these Terms.
8.3 In particular, we will not be liable for:
8.3.1 loss of profits, sales, business, or revenue;
8.3.2 business interruption;
8.3.3 loss of anticipated savings;
8.3.4 loss of business opportunity, goodwill or reputation; or
8.3.5 any indirect or consequential loss or damage.
8.4 Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products you have paid for, if any.
8.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- Events Outside Our Control
9.1 If for reasons outside our control, we are unable to deliver the Products to you by the estimated delivery date:
9.1.1 we will contact you as soon as reasonably possible to notify you; and
9.1.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.
- Other Important Terms
10.1 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
10.2 We agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
10.3 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
10.4 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.5 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
10.6 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.8 These Terms, 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), shall be governed by, and construed in accordance with English law.
10.9 The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).