TERMS OF SALE FOR PURCHASES OF SERVICES AND DIGITAL CONTENT
What these terms cover. These are the terms and conditions on which I supply products to you, whether these are services or digital content (“products”).
Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who I am, how I will provide products to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact me to discuss.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
· You are an individual.
· You are buying products from me wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is my entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
INFORMATION ABOUT ME AND HOW TO CONTACT ME
Who I am. I am Vanessa Rinaldi, a sole trader trading as Mrs Social and have my registered address at 1 The Poplars, Poplar Road, Napton, Southam, Warks, CV47 8NS, United Kingdom.
How to contact me. You can contact me by writing to me at hello@mrssocial.co.uk
MY CONTRACT WITH YOU
How I will accept your order. My acceptance of your order will take place when I email you to accept it, at which point a contract will come into existence between you and I.
If I cannot accept your order. If I am unable to accept your order, I will inform you of this in writing and will not charge you for the product, or I will immediately refund you if your payment has been processed. This might be because:
· of unexpected limits on my resources which I could not reasonably plan for;
· I have identified an error in the price or description of the product; or
· I am unable to meet a delivery deadline I have specified.
YOUR RESPONSIBILITIES IN RELATION TO THE PRODUCTS
You agree that you will not undertake any of the following actions in relation to the services or digital content I supply to you.
· use the products in a manner that:
o violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;
o is fraudulent, deceptive or misleading;
o is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene;
o violates anyone’s rights of privacy, publicity or other rights;
o violates any contractual or fiduciary obligations;
o infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”);
o has an adverse effect on my business, reputation or ability to provide the products; or
o would otherwise be reasonably deemed objectionable under the circumstances;
· violate any program guidelines applicable to use of particular products or interfere with, impair or disrupt the ability of others to use such products;
· use the products so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
· violate or attempt to violate the security of the products;
· reverse engineer, decompile or disassemble any portion of the products;
· “scrape” information from the products by automated means;
· interfere with the ability of others-permit any unauthorised access to or use of any products that you have licensed or to any password applicable to your account for the products;
· use, redistribute or resell any of the products or their content, other than such unremunerated sharing via social media as may be authorised on the products or otherwise in writing by me; or
· reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the products, in whole or in part, except as expressly provided in these terms.
MY RIGHTS TO MAKE CHANGES
Minor changes to the products. I may change the product:
· to reflect changes in relevant laws and regulatory requirements; and
· to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
Updates to digital content. I may update or require you to update digital content, provided that the digital content shall always match the description of it that I provided to you before you bought it.
PROVIDING THE PRODUCTS
If the products are one-off services. I will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
If the product is a one-off purchase of digital content. I will make the digital content available for download by you as soon as I accept your order.
If the products are ongoing services or a subscription to receive digital content. I will supply the services or digital content to you until either the services are completed, or the subscription expires (if applicable) or you end the contract as described in below or I end the contract by written notice to you as also described below.
I am not responsible for delays outside my control. If my supply of the products is delayed by an event outside my control, then I will contact you as soon as possible to let you know and I will take steps to minimise the effect of the delay. Provided I do this I will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact me to end the contract and receive a refund for any products you have paid for but not received.
What will happen if you do not give required information to me. I may need certain information from you so that I can supply the products to you. If so, this will have been stated in the description of the products on my website. I will contact you to ask for this information.
If you do not give me this information within a reasonable time of my asking for it, or if you give me incomplete or incorrect information, I may either end the contract or make an additional charge of a reasonable sum to compensate for any extra work that is required as a result.
I will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving me the information I need within a reasonable time of my asking for it.
Reasons I may suspend the supply of products to you. I may have to suspend the supply of a product to:
· deal with technical problems or make minor technical changes;
· update the product to reflect changes in relevant laws and regulatory requirements;
· make changes to the product as requested by you or notified by me to you.
Your rights if I suspend the supply of products. I will contact you in advance to tell you I will be suspending supply of the product, unless the problem is urgent or an emergency.
If I have to suspend the product, I will adjust the price so that you do not pay for products while they are suspended.
You may contact me to end the contract for a product if I suspend it, or tell you I am going to suspend it, in each case for a period of more than 14 days and I will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
I may also suspend supply of the products if you do not pay. If you do not pay for the products when you are supposed to and you still do not make payment within seven (7) days of my reminding you that payment is due, I may suspend supply of the products until you have paid the outstanding amounts. I will contact you to tell you I am suspending supply of the products. I will not charge you for the products during the period for which they are suspended.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with me. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how I am performing, when you decide to end the contract and whether you are a consumer or business customer.
Ending the contract because of something I have done or am going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and I will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
a) I have told you about an upcoming change to the product or these terms which you do not agree to;
b) I have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
c) there is a risk that supply of the products may be significantly delayed because of events outside my control;
d) I have suspended supply of the products for technical reasons, or notify you I am going to suspend them for technical reasons, in each case for a period of more than 14 days; or
e) you have a legal right to end the contract because of something I have done wrong.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
· digital products after you have started to download or stream these;
· services, once these have been completed, even if the cancellation period is still running.
How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
a) Have you bought services? If so, you have 14 days after the day I email you to confirm I accept your order. However, once I have completed the services you cannot change your mind, even if the period is still running. If you cancel after I have started the services, you must pay for the services provided up until the time you tell me that you have changed your mind.
b) Have you bought digital content for download or streaming? If so, you have 14 days after the day I email you to confirm I accept your order, or, if earlier, until you start downloading or streaming. If I delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
HOW TO END THE CONTRACT WITH ME (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
Tell me you want to end the contract. To end the contract with me, please let me know by emailing me at hello@mrssocial.co.uk
You may use the model cancellation form below, but you are not required to:
Cancellation form
To Vanessa Rinaldi trading as Mrs Social
I hereby give notice that I cancel my contract of sale of the following digital products / the supply of the following service [customer to insert description of purchase], ordered on [customer to insert purchase date].
Name of customer: [customer to insert name]
Address of customer: [customer to insert address]
Date: [customer to insert date]
How I will refund you. If you are entitled to a refund under these terms I will refund you the price you paid for the products by the method you used for payment. However, I may make deductions from the price, as described below.
When I may make deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, I may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told me you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. I will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within 14 days of your telling me you have changed your mind
MY RIGHTS TO END THE CONTRACT
I may end the contract if you break it. I may end the contract for a product at any time by writing to you if:
a) you do not make any payment when it is due and you still do not make payment within seven (7) days of my reminding you that payment is due;
b) you do not, within a reasonable time of my asking for it, provide me with information that is necessary for me to provide the products.
You must compensate me if you break the contract. If I end the contract in the situations set out above I will refund any money you have paid in advance for products I have not provided but I may deduct or charge you reasonable compensation for the net costs I will incur as a result of your breaking the contract.
I may withdraw the product. I may write to you to let you know that I am going to stop providing the product. I will let you know at least one (1) month in advance of my stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell me about problems. If you have any questions or complaints about the product, please contact me via email at hello@mrssocial.co.uk
YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
If you are a consumer I am under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
c) If you can show the fault has damaged your device and I haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services, the Consumer Rights Act 2015 says:
a) You can ask me to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if I can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
PRICE AND PAYMENT
Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order through my website. I use my best efforts to ensure that the price of the product advised to you is correct. However please see below for what happens if I discover an error in the price of the product you order.
I will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date I supply the product, I will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if I got the price wrong. It is always possible that, despite my best efforts, some of the products I sell may be incorrectly priced. I will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than my stated price at your order date, I will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, I will contact you for your instructions before I accept your order.
When you must pay and how you must pay. I accept payment with debit and credit cards. When purchasing either digital content or services, you must pay for the products at the time of ordering them.
MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and I knew it might happen, for example, if you discussed it with me during the sales process.
I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury:
· caused by my negligence or the negligence of my employees, agents or subcontractors;
· for fraud or fraudulent misrepresentation; or
· for breach of your legal rights in relation to the products.
When I am liable for damage caused by defective digital content. If defective digital content which I have supplied damages a device or digital content belonging to you and this is caused by my failure to use reasonable care and skill I will either repair the damage or pay you compensation.
However, I will not be liable for damage which you could have avoided by following my advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by me.
I am not liable for business losses. If you are a consumer I only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose my liability to you will be limited as set out below.
MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
Nothing in these terms shall limit or exclude my liability for:
a) death or personal injury caused by my negligence, or the negligence of my employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
d) any matter in respect of which it would be unlawful for me to exclude or restrict liability.
Except to the extent expressly stated in these terms, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to the clauses above,
a) I shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
b) my total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under this contract.
HOW I MAY USE YOUR PERSONAL INFORMATION
How I will use your personal information. I will only use your personal information as set out in my Privacy Policy, a copy of which is available here.
OTHER IMPORTANT TERMS
I may transfer this agreement to someone else. I may transfer my rights and obligations under these terms to another organisation. I will always tell you in writing if this happens and I will ensure that the transfer will not affect your rights under the contract.
You need my consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the products, I can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.