Terms and Conditions
for downloadable digital products:
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our digital products (“Digital Products”) to you.
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 the Digital Products, how you and we may change or end the contract, what to do if there is a problem and other important information.
Using the website https://www.thefairytalecreator.com/digitalproducts and the related digital products pages (“Website”), or by placing an order for the Digital Products via the Website, by telephone, email or post, indicates that you accept these terms. If you do not accept these terms, please do not use the Website and/or make an order for the Digital Products.
If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are and how to contact us. The Fairytale Creator Digital Store is run by Ruth Chornolutskyy and you can contact me at email@example.com.
2.2 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes email.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order: Acceptance of your order will take place when we email you to confirm that we have accepted it (“Acceptance”) and, depending on what you have ordered, we will provide you either with downloadable digital products or login details to access a page where you can download your digital products, at which point a contract will come into existence between you and us.
3.2 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 Digital Products. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Digital Products.
3.3 Your order number. We will assign a unique number to your order and tell you what it is in our Acceptance. It will help us if you can tell us the licence number whenever you contact us about your order.
3.4 Sales outside the UK. We may, at our sole discretion, accept or refuse orders from outside the UK. There are countries we may not supply to due to sanctions.
4. DIGITAL PRODUCTS
4.1 Intellectual Property Rights in the Digital Products. All intellectual property rights in the Digital Products are owned by Ruth Chornolutskyy. We grant to you, a fully paid-up, worldwide, non-exclusive, royalty-free licence to copy and modify the Digital Products for the purpose of receiving and using the Digital Products.
4.2 No sub-licence. You shall not sub-license, assign or otherwise transfer the rights granted in this clause 4.1.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the Digital Products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Digital Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 - How to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Digital Products. We may change the Digital Products:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the Digital Products.
6.2 Updates to the Digital Products. We may update or require you to update the Digital Products, provided that the Digital Products (following any update) shall always match the description of it that we provided to you before you bought them.
6.3 Updates to these terms and conditions. We may update these terms and conditions from time to time to reflect changes in relevant laws and regulatory requirements. If we do update these terms and conditions, we will notify you and you may then contact us to end the contract before the change takes effect and receive a refund for any Digital Products paid for but not received.
7. PROVIDING THE DIGITAL PRODUCTS
7.1 When we will provide the Digital Products. We will make the Digital Products available for download by you as soon as we accept your order. Delivery of the information referred to in clause 3.1 shall be to a valid e-mail address submitted by you. You must check your email address details and notify us without delay of any errors or omissions. We shall have no liability for failing to provide the Digital Products where you have not fully complied with clause 7.3 below.
7.2 We are not responsible for delays outside our control. If our supply of the Digital 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 Digital Products you have paid for but not received.
Examples of events outside our control include, but are not limited to:
7.2.1 strikes, lock-outs or other industrial action; or
7.2.2 pandemic or epidemic; or
7.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
7.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
7.2.5 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
7.2.6 impossibility of the use of public or private telecommunications networks.
7.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Digital Products to you, for example, a valid email address and the full name of the person who will use the Digital Products. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Digital Products late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it. It is your responsibility to inform us if your information changes during the term of the contract, even where we have not asked for it, and we shall have no liability for any loss you suffer as a result of us being unable to provide the Digital Products as a result of you not promptly providing us with such updated information.
7.4 We may suspend supply of or restrict access to the Digital Products if you do not pay. If you do not pay us for the Digital Products when you are supposed to (see clause 12.4), we may suspend supply of the Digital Products until you have paid us the purchase price in full for the Digital Products.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the Digital Products, how we are performing and when you decide to end the contract:
8.1.1 If the Digital Products you have bought are faulty or misdescribed you may have a legal right to end the contract (or to get the Digital Products repaired or replaced or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2
8.1.3 If you are a consumer customer and have just changed your mind about the Digital Products, see clause 8.3;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any Digital Products which has not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming amendment to these terms and conditions, which you do not agree to;
8.2.2 we have told you about an error in the price or description of the Digital Products you have ordered and you do not wish to proceed;
8.2.3 there is a risk that the supply of the Digital Products may be significantly delayed because of events outside our control;
8.2.4 we have suspended the supply of the Digital Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are purchasing as a consumer, (being an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession), then for most products bought online you have a legal right to change your mind within 14 days and receive a refund, however please see clause 8.4 below in respect of the Digital Products. These rights, under the Consumer Contracts Regulations 2013 in relation to Digital Products are explained in more detail in these terms. If you are purchasing as a business then you will have no right to change your mind under this clause 8.
8.4 When you don't have the right to change your mind. Under the Consumer Contracts Regulations 2013, you do not have a right to change your mind in respect of the Digital Products after you have started to download or stream them.
8.5 How long do I have to change my mind? If you are a consumer, you have 14 days after the day you receive our Acceptance, to change your mind and receive a full refund of the purchase price for the Digital Products on the condition that you have not accessed or downloaded the Digital Products. If we delivered the Digital Products to you immediately, and you agreed to this when ordering, you will not have a right to change your mind under the Consumer Contracts Regulations 2013.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but full payment shall be due from you where you have used or had access to any part of the Digital Products. If you want to end the contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 How we will refund you. Where you have a right to cancel, we will refund you the price you paid for the Digital Products by the method you used for payment. However, we may charge the full price for the Digital Products, as described at clause 8.6.
9.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for the Digital Products at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Digital Products;
10.1.3 the Digital Products is discontinued and/or it becomes not possible for us to supply the Digital Products for any reason.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Digital Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE DIGITAL PRODUCTS
11.1 How to tell us about problems. If you have any questions or complaints about the Digital Products, please contact us. You can write to us at email@example.com.
11.2 Summary of your legal rights. We are under a legal duty to supply Digital Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Digital 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 or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you're entitled to a repair or a replacement.
c) 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.
d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
See also clause 8.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12. PRICE AND PAYMENT
12.1 Where to find the price for the Digital Products. The price of the Digital Products will be the price indicated on the order pages of our Website when you placed your order. We take all reasonable care to ensure that the price of the Digital Products advised to you is correct. However, please see clause 12.3 for what happens if we discover an error in the price of the Digital Products you order.
12.2 It is always possible that, despite our best efforts, some of the Digital Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Digital Products' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Digital Products’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require you to immediately cease to use any Digital Products provided to you.
12.3 When you must pay and how you must pay. We accept payment with most credit and debit cards. You must pay for the Digital Products before you download them. We will not send your username and password or the Digital Products until we have received full payment for the Digital Products in cleared funds.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible for forseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights as summarised at clause 11.2.
13.3 We are not liable for business losses. The Digital Products are supplied to you for domestic and private use only. If you use the Digital Products for any commercial or business purpose (if applicable) we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 Resale of the Digital Products is prohibited. You must not re-sell the Digital Products unless we have expressly agreed otherwise in writing.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 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.
15.4 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.
15.5 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 Software and/or the Help-Desk Service, we can still require you to make the payment at a later date.
15.6 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 Digital Products in the English courts.
Instructions for cancellation for Consumer Customers:
If you are a consumer customer, you have the right to cancel this contract within 14 days without giving any reason as long as you have not accessed or downloaded the Digital Products.
The cancellation period will expire after 14 days from the day of the conclusion of the contract or immediately where you have accesses the Digital Products or downloaded the Digital Products.
To exercise the right to cancel, you must inform us at firstname.lastname@example.org of your decision to cancel this contract by a clear statement. You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation:
If you are a consumer customer and are within your rights to cancel this contract, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Ruth Chornolutskyy t/a The Fairytale Creator, email@example.com.
I hereby give notice that I cancel my contract of sale of the Digital Products:
Ordered on: ___________________________________
Name of customer(s): __________________________
Address of customer(s): ________________________
Signature of customer (only if this form is notified on paper):