1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 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 us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our 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 us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
OUR CONTRACT WITH YOU
2.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this [in writing] and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible.
OUR RIGHTS TO MAKE CHANGES
4.1 Minor changes to the products. We may make the following changes to the product, but if we do so we will notify you:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat or to update the information within the eBook for your benefit. These changes will not affect your use of the product.
4.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
PROVIDING THE PRODUCTS
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
(a) If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event and we will contact you with an estimated delivery date.
(b) If the products are one-off services. We will begin the services on the date set out in the master services agreement.
(c) If the product is a one-off purchase of digital content. We will make the digital content available for download by you or by use of a dashboard as soon as we accept your order.
(d) If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires.
5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 5 business days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
6.1 The Connect eBook is not subject to a refund as we have a no-refund policy.
COPYRIGHT AND INTELLECTUAL PROPERTY
7.1 This eBook is protected by Copyright © Eugenie Michalopoulos (Eugenie Michael LTD) 2021.
7.2 All rights reserved. No part of this publication/work may be reproduced, or transmitted, in any form or by any means including photocopying and recording, without the prior written permission of Eugenie Michalopoulos (Eugenie Michael LTD), the copyright owner. Licences issued by the Copyright Licensing Agency, or any other reproduction rights organisation do not apply. If any unauthorised acts are carried out in relation to this copyright work, a civil claim for damages may be made and/or a criminal prosecution may result.
7.3 This is a warning that the commission of any unauthorised act in relation to the work may result in civil or criminal actions.
7.4 A form of disclaimer to provide protection for the author, and if relevant the publisher, if use is made of opinions or views expressed in written materials.
8.1 Subject to your paymentWe take copyright extremely seriously and legal action will commence should you copy, reproduce, Subject to your[ payment of the applicable price and] compliance with the restrictions below and the other terms of this disclaimer, we grant to you [a worldwide, non-exclusive and non-transferable licence] to:
(a) download a copy of the eBook;
(b) print, store and view the eBook on a digital device including PDF or Kindle;
8.2 You must not in any circumstances:
(a) publish, republish, sell, license, sub-license, rent, transfer, broadcast, distribute or redistribute the eBook or any part of the eBook, including modifications, edits or adaptations;
(b) use the eBook or any part of the eBook in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable; and
(c) use the eBook or any part of the eBook to compete with us, whether directly or indirectly.
8.3 You must retain, and must not delete, obscure or remove, all copyright notices and other proprietary notices in the eBook.
8.4 No third party has access to these rights.
8.5 We take copyright breaches very seriously and will take legal action should there be any breaches of this agreement.
PRICE AND PAYMENT
9.1 When you must pay and how you must pay. We accept payment with PayPal, Visa, MasterCard and Debit Card. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before you download them.
(c) For services, this will be subject to a master services agreement.
10.1 We are not liable for business losses:
(a) we 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) our 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 such contract.
11.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). 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.
11.2 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we 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 us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.