TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS, SERVICES AND DIGITAL CONTENT
These terms and conditions constitute my entire agreement with you 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.
1.1 These terms and conditions apply to contracts made between me, Katie Beardsworth, a sole trader established in England and Wales, trading as Polyphony Arts, and you, the purchaser of goods, services and/or digital content ( hereinafter referred to jointly and severally as “the product/s”).
1.2. My registered business address is in Kingston upon Hull, United Kingdom
1.3 You can contact me by writing to email@example.com. All or any notifications under these terms and conditions must be submitted to me at this email address. All enquiries or complaints about the products should also be sent to this email address.
1.4 If I have to contact you, I will do so by writing to you at the email address you provide in your order.
2. THE CONTRACT WITH YOU
2.1 Acceptance of your order will take place when I email an acceptance to you, at which point a contract will come into existence between us.
2.2 If I am unable to accept your order, I will inform you of this in writing and will not make any charge to you.
2.3 I will assign an order number to your order and provide it to you when I accept your order. Please use this identifying order number in any correspondence with me relating to your order.
2.4 I reserve the right not to accept any order for whatever reason.
2.5 This contract is made solely between you and me trading as Polyphony Arts. Any products provided under this contract are supplied for your individual use (unless agreed in writing between us) and may not be shared or otherwise provided to any third party.
2.6 All product content is copyrighted to Katie Beardsworth trading as Polyphony Arts and may not be copied or otherwise shared other than as set out herein.
3. PROVISION OF THE PRODUCTS
3.1 During the order process I shall inform you when I shall provide the products to you. If these are delivered via ongoing services or subscriptions, I shall also tell you during the order process when and how you can end the contract.
3.2 If the products are a one-off supply these will commence on the date set out in the order. Any actual or estimated completion date for the provision of the products will be provided to you during the order process.
3.3 If the product is a one-off purchase of digital content I shall make the digital content available for download by you as soon as I accept your order or on the date set out therein.
3.4 If the products are received on an ongoing basis, I shall supply these to you until either the term contracted for is completed or the subscription expires (if applicable) or you end the contract or I end the contract by written notice to you.
3.5 I may change or temporarily suspend any or all of the products:
i. to reflect changes in relevant laws and regulatory requirements;
ii. to implement minor technical adjustments and improvements, for example to address a security threat; and/or
iii. to allow for updates to digital content in which event I may update or require you to update digital content, provided that the digital content shall always materially match the description provided to you at the time I accepted your order.
3.6 If I change or temporarily suspend the supply of products, I will contact you in advance to tell you unless the problem requires immediate attention/suspension.
3.7 Any such change or temporary suspension of any or all of the products shall not constitute a breach of this contract or give grounds for termination (except as set out below) provided it shall not have a material effect on the content and/or provision of the products to you.
3.8 If the supply of the products is delayed by an event outside my control, I shall contact you as soon as possible to inform you and shall take steps to minimise the effect of the delay. I shall not be liable for reasonable delays caused by such an event. However, if any such delay may be deemed substantial in providing the products, I may agree to end the contract and provide a refund to you or any element of the order you have paid for but not received on written application from your setting out the circumstances and extent of the delay.
3.9 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 in writing to ask for this information. If you do not give me this information within a reasonable time of my requesting 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 me for any extra work that is required as a result. I shall not be responsible for supplying the products late or not supplying any part of them if this is caused by your not providing the information required within a reasonable time of my requestingit.
3.10 If I have to suspend provision for longer than four (4) weeks in any three (3) month period I will adjust the price so that you either do not pay for products whilst they are suspended or receive an extension on any agreed time limit on access to them or use thereof.
3.11 You may notify me that:
i. you wish to end the contract for a product if I either suspend it or tell you I am going to suspend it, in each case for a period of more than four (4) weeks; and
ii. request a refund of any sums you have paid in advance for the product in respect of the period
3.12 If you do not render payment for the products when required to do so and still do not make payment within seven (7) days of my reminding you by email that payment is due, I reserve the right to suspend the supply of any product until you have paid the outstanding amounts. In this eventuality I will contact you to inform you I am suspending supply of the product/s.
3.13 I reserve the right to charge you interest on any overdue payments.
3.14 If I receive notification from you disputing any unpaid invoice and the suspension of the provision of any product, I shall endeavour to resolve your objection within 14 days of that notification.
4. RIGHTS OF TERMINATION
4.1 If you are ending a contract for a reason set out at sub-clauses 4.2.1 to 4.2.5 below, the contract will end immediately upon your notifying me that you wish to terminate and for which reason. In the case of a legitimate notification under this clause, I shall refund you in full for any products which have not been used. In the case of digital content, the provision of access to this shall be deemed to constitute full use of that product.
4.2 Reasons for termination under clause 5.1 are:
4.2.1 I have informed you of an upcoming material change to the product or to these terms to which you do not agree;
4.2.2 I have told you about an error in the price or description of any product you have ordered and you do not wish to proceed;
4.2.3 there is a risk that supply of the products may be significantly delayed because of events outside my control; or
4.2.4 I have suspended supply of the products for technical reasons, or notified you I intend to suspend the products for technical reasons, in each case for a period of more than four (4) days.
4.3 If you are contracting with me as a consumer under the Consumer Contracts Regulations 2013 you have a legal right to change your mind for any products purchased on-line within fourteen (14) days of receipt of my confirmation of acceptance of your order.
4.4 Notification that you wish to exercise this right must be communicated to me at the email address set out sub clause 1.3 (above). Please provide your name, email address, and details of the order in any such notification.
4.5 Except as provided below, I shall issue a full refund to you via the same method of payment as your original payment for the products within fourteen (14) days of receipt of such notification.
4.6 Your right as a consumer to change your mind does not apply in respect of digital products as soon as I provide access to these, even if the cancellation period is still running.
4.7 I may end the contract if you are in breach of any of these terms including but not limited to the following breaches:
4.7.1 you do not make any payment to me when it is due and you still do not make payment within seven (7) days of my reminding you that payment is due; or
4.7.2 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 or services.
4.8 You may have to compensate me if you breach the contract. If I end the contract in the situations set out in clause 8.1 I will refund any money you have paid in advance for products or services 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.
5. PRICE AND PAYMENT
5.1 I accept payment with credit and debit cards via PayPal and Stripe. You must pay for all products and services in full before you download, stream or otherwise access the content.
5.2 I reserve the right to charge interest if you pay late. If you do not make any payment to me by the due date I may charge interest to you on the overdue amount at the annual rate of five per cent (5%) above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay all interest together with any overdue amount.
5.3 If you think an invoice is wrong please contact me promptly to let me know. You will not have to pay any interest until the dispute is resolved. If the dispute is resolved in m favour, I will be entitled to charge you interest on any correctly invoiced sums from the original due date.
6. LIABILITY FOR LOSS OR DAMAGE
6.1 If digital content I have supplied under this contract 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.
6.2 I shall not otherwise be liable 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 or for any business losses or other commercial or financial loss arising from your use of the products or any advice contained therein.
6.3 Notwithstanding the provisions of clause 6.2 above, any 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 or services under such contract.
7. HOW I MAY USE YOUR PERSONAL INFORMATION
8. OTHER IMPORTANT TERMS
8.1 I may transfer my rights and obligations under these terms to another trader or organisation. I will contact you to let you know if I plan to do this. If you do not consent to this you may contact me to end the contract within seven (7) days of my notifying you of the proposed transfer and I will refund you any payments you have made in advance for products not provided.
8.2 Your rights under this contract including the content of or access to the products may not be transferred or otherwise assigned to any other party without my express written consent.
8.3 This contract is made between you and me and no other person shall have any rights to enforce any of its terms. Neither of us shall be required to obtain the agreement of any third party in order to end the contract or make any changes to these terms.
8.4 If a court finds any part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining elements will remain in full force and effect.
8.5 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 your obligations to me cease. For example, if you miss a payment and I do not immediately demand that payment from you but continue to provide the products, I retain the right to require you to make any outstanding payment at a later date.
8.6 Any dispute arising in relation to the provision of products and the administering of the contract between us which cannot be resolved directly between us within 28 days of being notified between the parties shall be referred to mediation.
8.7 These terms are governed by English law and the courts of England and Wales which shall have exclusive jurisdiction to settle any dispute or claim that has not been resolved through mediation.