Terms of Purchase
By purchasing goods, services and/or digital goods from The Maker’s Business Toolkit, you are consenting to our Terms of Purchase and the General Terms, as outlined below.
In this Agreement the following words and expressions shall have the following meanings:-
The terms “The Seller,” “This Website,” “we,” “us,” and “our,” mean The Maker’s Business Toolkit, a website owned and operated by Nicola Taylor t/a Nicola Taylor Photographer, 33 Rosebery Road, Great Ayton, North Yorkshire, TS9 6EH, United Kingdom. VAT Number: GB259027788
“Store” means any web based service that is operated on or linked to through the website makersbusinesstoolkit.com for the purposes of marketing and retailing products, services and digital goods. The other websites and stores operated by Nicola Taylor on domains other than makersbusinesstoolkit.com are not covered by this agreement and each have their own terms of purchase.
The terms ”Customer,” “you” and “your” mean you, the person purchasing products, services and/or digital goods from “The Maker’s Business Toolkit“
“Goods” means any tangible, moveable item.
“Services” or “Service” means support and educational information provided to the customer. A non-exhaustive list of venues in which this support may be delivered includes in person, via email, via telephone, via video call, via third party providers, such as Facebook, Ecamm, and via webinars. “Services” may be delivered One to One or in a group.
“Digital goods” refers to a subset of “Goods” whereby the content provided is delivered to the customer via a digital download and which has no live or personal contact with Nicola Taylor or her agents. Digital goods includes but is not limited to software, apps, blog posts, videos, eBooks, pdf documents, music and video games.
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Conditions of Sale
These Conditions of Sale govern the sale of products, services and digital goods by “The Seller“ to the “Customer”.
1. The Contract
When you purchase products, services or digital goods from “The Seller“ via any of our “Store” venues you will be required to click the “I Agree” tick box to complete the order. By clicking the “I Agree” tick box you are accepting these terms and conditions of sale. The contract for the purchase of any products, services or digital goods will be between the “Customer” and “The Maker’s Business Toolkit” and will only be formed when “The Maker’s Business Toolkit” make products, services and/or digital goods available to the customer and we have received payment in full for the products, services and/or digital goods.
Products will be deemed to have been made available to the “Customer” when they are dispatched.
Services will be deemed to have been made available to the “Customer” when “The Maker’s Business Toolkit” sends an email to the “Customer” confirming the purchase of said services and providing instructions for accessing said services.
Digital goods will be deemed to have been made available to the “Customer” when The Maker’s Business Toolkit has made said digital goods available for download by the “Customer.”
Until we make the products, services and/or digital goods available to the “Customer” and receive payment in full there is no contract between the “Customer” and us for said products, services and/or digital goods.
“The Maker’s Business Toolkit“ reserves the right, at our sole discretion to reject any order we receive. By placing an order with “The Maker’s Business Toolkit“ you agree you are:-
- legally capable of entering into binding contracts
- at least 18 years old.
2. Cancellation and Refunds
2.1.1 – Faulty Goods
If your order contains goods that are faulty, you must contact us in writing within 30 days to report the fault. In most cases a full refund or exchange will be offered on faulty goods, provided the fault is reported in a reasonable timeframe and is not judged to be normal wear and tear. If requested, the faulty item must be returned to “The Maker’s Business Toolkit.” The cost of postage both to and from the customer will be refunded in cases of faulty items. Refunds will be credited to the original payment method.
2.1.2 – Change of Mind/Unwanted Goods
If you change your mind, you must contact us within 14 days of receiving the physical products ordered to request a refund. You must then return the goods to “The Maker’s Business Toolkit” at the address shown above, within 14 days. Failure to do so is a breach of your statutory duty and you may be charged recovery costs. It is your statutory duty to take reasonable care of the goods until they are returned to us.
We recommend using an insured method of postage for returns, and/or obtaining proof of postage, as loss or damage of the goods while in transit to us may mean that we are unable to offer you a full refund. The goods must be securely wrapped and preferably in the original packaging.
Your refund will include the original postage cost, if applicable, but the customer will pay the cost of returning the item to us, unless it is faulty. Refunds will be credited to the original payment method.
2.1.2 – Goods returned due to non collection, incorrect address or refusal of delivery
In cases where goods are returned to us because of an incorrect address entered at checkout, an uncollected parcel, or where delivery is refused at the delivery address, we will assess the returned goods and if they are in saleable condition we will issue a refund for the price of the goods. The shipping fee will not be refunded.
If we incur additional costs in receiving the goods we may deduct these from your refund.
If the goods are not in saleable condition we reserve the right to reduce your refund to cover the loss of value. Refunds will be credited to the original payment method.
By purchasing services from “The Maker’s Business Toolkit“ who are based in the UK the “Customer” if also based in the UK is bound by the UK Consumer Contracts Regulations. By accessing the purchased services from “The Maker’s Business Toolkit“ the “Customer” is waiving their rights to the 14 day cooling-off period.
“Accessing services” means that the provision of the Service has commenced and/or that the “Customer” has accessed the educational and informational materials provided by The Maker’s Business Toolkit by logging in to our online classroom website.
All sales of services are final and refunds will only be granted in the following circumstances:
- The “Customer” is exercising their rights under the UK Consumer Contracts Regulations for Services
- The services were incorrectly described on the “Store”
- The services were not made available to the “Customer” in a timely manner, as agreed with the “Customer” at the time of purchase.
2.3 cancellation of ongoing services
If you have purchased an ongoing service from us, paid by subscription, you may cancel your subscription at any time. To request this, please email us.
Due to the nature of the services provided, no refunds will be made for any subscription fees already paid.
If you are paying on a monthly subscription this allows you access to the purchased services for 30 days. Failure to pay your monthly susbcription payment will result in access to the services being stopped.
For annual subscriptions you will receive 365 days access to the purchased services. You may cancel the automatic renewal of your annual subscription at any time and your access to the service will end at the end of the current contracted term.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
No partial refunds are given should you terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term.
It is your responsibility to ensure that you cancel your subscription in good time should you no longer require the Service and do not wish to be billed further.
2.4 digital goods
By purchasing digital goods from “The Maker’s Business Toolkit“ who are based in the UK the “Customer,” if also based in the UK, is bound by the UK Consumer Contracts Regulations. By downloading any digital goods from “The Maker’s Business Toolkit“ the “Customer” is waiving their rights to the 14 day cooling-off period.
All sales of intangible digital goods are final. Refunds for any digital goods sold by “The Maker’s Business Toolkit“ will only be considered for a refund if any of the following conditions apply:-
- The “Customer” is exercising their rights under the UK Consumer Contracts Regulations for digital goods
- The digital goods were incorrectly described on the “Store”
- The digital goods are proven to be defective
3. price and payment
The price of any goods, services or digital goods will be as quoted on the “Store” at the then current time, except in the case of obvious error. This price will include VAT at the appropriate rate. A VAT invoice may be requested by emailing [email protected]
The “Customer” agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for goods, services or digital goods other than at the then current price. Payment for all goods, services and digital goods is processed securely by various third party payment gateway services and will be handled in the currency advertised on the “Store”.
Physical goods will be dispatched to the “Customer” as soon as possible, but generally within 5 working days. If the order is advertised as a Preorder, the customer will be advised of the estimated delivery date at the time of purchase.
Orders will be sent using Royal Mail or various third party courier services. Delivery on a particular date or at a particular time cannot be guaranteed.
Any and all customs charges due are the responsibility of the “Customer.”
It is the customer’s responsibility to enter a correct delivery address at the time of ordering.
If you do not receive your order as a result of entering an incorrect or incomplete address into the checkout form, we will not be obliged to resend your order to the correct address at our expense.
If your order is returned to us as uncollected, we will not be obliged to resend your order to the correct address at our expense. We will issue you with a refund for the price of the book. We will not refund the amount you paid for delivery. In addition, any charges we incur in receiving your returned book will be deducted from your refund.
Services are delivered to the “Customer” by a number of methods.
These may include, but are not limited to:
- via In Person classes or workshops
- via makersbusinesstoolkit.com
- via email
- via third party services such as Facebook, Pinterest or Teachable.
You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service. You agree and understand that no breach of contract action may be initiated against us when there are reasonable delays in the access of the Service.
You hereby agree to access the “Services” for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the “Digital Goods” to anyone else. Nothing in these conditions of sale grants the “Customer” any rights other than those expressly set out herein.
These terms do not grant the “Customer” any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any services provided by us.
4.3 digital goods
Digital Goods are delivered to the “Customer” via download to the customer’s personal desktop computer.
It is your responsibility to save the downloaded digital goods to your computer or other digital storage device.
You hereby agree to download “Digital Goods” for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the “Digital Goods” to anyone else. Nothing in these conditions of sale grants the “Customer” any rights other than those expressly set out herein.
These terms do not grant the “Customer” any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any “Digital Goods” provided by us.
5. customer requirements.
When you purchase “Services” that are delivered in a group setting, you will be asked to agree to abide by the group rules and code of conduct. These exist to ensure the effectiveness of the group and to ensure the wellbeing of the members.
Breaking the group rules or the code of conduct may result in the immediate termination of any “Services” we are providing to you, without refund.
This may include, but is not limited to, termination of your membership of our online classrooms and your immediate removal from online communities managed by us.
6. our intellectual property
The website makersbusinesstoolkit.com and the goods, services, and digital goods supplied by us contain intellectual property owned by Nicola Taylor, including copyrights and other intellectual property.
These copyrighted and original materials are provided to you as part of the services, or as digital goods, for your individual use only and for just one user.
All intellectual property, including Nicola Taylor’s copyrighted materials, remains the sole property of Nicola Taylor. No license to sell or distribute our materials is granted or implied.
You hereby agree that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any of our copyrighted and original materials to anyone else.
These terms do not grant the “Customer” any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any goods, services, or digital goods supplied by us.
Breach of our intellectual property policy may include, but is not limited to, sharing material with others, posting excerpts of material on any social media platform, blogging about the material, or sharing passwords to our online classroom.
We reserve the right to immediately remove you from the Service, without refund, if you are in breach of our intellectual property policy.
7. email communications
In the process of purchasing goods, services or digital goods from The Maker’s Business Toolkit the “Customer” email address will be subscribed to The Maker’s Business Toolkit general email list.
The Customer may opt out of this email communication by clicking on the unsubscribe link at the bottom of every email.
You can control your email preferences further by clicking on the options to opt out of certain communications at the bottom of each email, or by contacting [email protected]
The Maker’s Business Toolkit also uses the “Customer” email address to issue an order receipt and an email with instructions regarding accessing services and digital goods.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, police, or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
governing law and jurisdiction
These terms shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.