TERMS AND CONDITIONS OF SALE
The below Terms and Conditions of Sale (terms of sale) set out the terms applicable to the sale of this digital product. By confirming your acceptance to these terms of sale and completing your purchase, you understand that you are entering into a legally binding agreement with Astraia Limited, a company registered in England and Wales, with company registration number 07957199 and whose registered office is 126 Southdown Road, Harpenden, Hertfordshire, AL5 1QQ (Astraia).
PURCHASE OF DIGITAL PRODUCTS
These terms of sale (together with any relevant documents referred to in them and including our Website Terms and Conditions) set out the terms on which we supply any of the following products via our site www.estherwane.com (the site) to you:
- Digital downloads of audio products to your computer or mobile device
- Digital downloads of video products to your computer or mobile device
- Digital downloads of supporting materials
After you have read these terms of sale, you will be asked to confirm that you have read, understood and accept our terms of sale. You will not be able to purchase this or any other anything digital products through our site unless confirmation is given. Any terms that you seek to impose in respect of your purchase of digital products through this site will not form part of any contract between us. Please read these terms of sale carefully before ordering any digital products from our site. If you have any queries on these terms please contact us at email@example.com before placing any order.
By placing an order for digital products through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our digital products for your private, non-commercial use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with anybody else other than may be allowed under the terms of any licence that is granted to you as a part of the sale.
You are responsible for ensuring that you do not lose, destroy, or damage any digital product you purchase through this site.
You are responsible for ensuring that any hardware you use to download and/or access these digital products functions correctly with this site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets.
PLACING AN ORDER
After placing an order for any digital products via our site, you will receive an on screen message and e-mail from us acknowledging receipt and setting out the details of your order.
The contract for the purchase of any digital products will only be formed when you have agreed to these terms of sale, we have received payment in full for the digital product you are purchasing and we make the digital product available for download. We reserve the right, in our sole discretion to reject any order we receive.
All digital products featured on our site are subject to availability. We reserve the right to change or remove a digital product or other content on the site at any time without notice or liability to you.
Digital products will normally be available to download immediately upon purchase. There may be occasions when they are not available and we make no guarantee that any digital product ordered will be made available immediately (for example, if the site is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your downloadable digital products as soon as possible following your purchase.
Where we are unable to provide you with any digital products that you have purchased, you agree that we can offer you either alternative goods to a similar value (upon your agreement that the alternative goods are suitable) or a complete refund. We will not be liable for our inability to fulfiLl a particular order from you.
PRICE AND PAYMENT
The price of any digital product will be as quoted on this site at the current time and will be shown inclusive of any VAT. We reserve the right to make certain digital products available only as part of a different purchase for example, part of a Service package.
Prices for digital products are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.
Please note that some network/service providers may charge you an additional amount for downloading digital products to a mobile handset. We recommend that you contact your network/service provider to understand the nature and extent of any additional charges before downloading to a mobile device. Note that overseas roaming charges may also apply. We will not be held liable for any such charges.
By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.
In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.
In accordance with Distance Selling Regulations, you have the right to cancel and obtain a full refund within 14 working days of purchasing our digital products but only if you have not downloaded the Digital Product made available, have not requested and been accepted to join any of our private social media groups to which access is offered as part of a purchase from the site, and have not accessed and/or used any supporting materials provided to you alongside your purchase of any digital products, within 14 calendar days from purchase.
If digital products are found to be defective, we shall have the right to attend to the cause of the problem and restore the digital products to functioning order, or offer you a repeat download. You shall not have the automatic right of refund in this case. You must notify us within 30 days of download of the digital product that it is defective at firstname.lastname@example.org. If we are unable to fix it and a repeat download does not resolve the issue, we will provide you with a full refund within 30 days of ascertaining that the issue cannot be resolved.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in the site and the digital products you purchase, including any databases that hold relevant information about the site and its products. They are protected by copyright or trademark registration and you may only use any the digital products in line with these terms.
All of the digital products that are available for sale on our site are owned or controlled by our licensors, or us. Upon payment of the price for any of these digital products we grant you a non-exclusive, non-transferable licence to use the digital products for your own personal, non-commercial use.
You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products that you purchase through this site.
OUR RESPONSIBILITY TO YOU
We do not guarantee the accuracy of content of our digital products, and you are responsible for the way you use its content.
We shall not limit or exclude our liability for:
- death or personal injury;
- fraud or fraudulent misrepresentation; or
- any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.
We shall not be liable to you for any indirect, special or consequential loss or damage, including:
- loss of profit;
- loss of goodwill;
- loss of savings; or
- loss of contract.
We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.
Although we try to ensure our digital products work seamlessly and without errors, we do not warrant that your use of the digital products will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions or although we will do our utmost to rectify any issues you encounter as soon as possible.
Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure or delay to perform any of our obligations under a contract for a digital product that is caused by events outside our reasonable control.
Any dispute arising from these terms of sale shall be governed by and construed in accordance with the law of England and Wales and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any arising dispute.
If any part of these terms and conditions is held to be invalid or unenforceable, the remaining terms and conditions will continue in full force and effect.
If you have any questions or a complaint about the service provided by us please contact email@example.com to make your complaint.