Terms of Purchase
In this Agreement the following words and expressions shall have the following meanings:-
The terms “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.
“Store” means any web based service that is operated on or through the website “The Maker’s Business Toolkit” 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 nicolataylor.wpengine.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” 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, Google Hangouts, and via webinars.
“Digital goods” refers a subset of “Services” 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, 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 Maker’s Business Toolkit“ to the “Customer”.
1. The Contract
When you purchase products, services or digital goods from “The Maker’s Business Toolkit“ 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.
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
If your order contains goods that are faulty, you must contact “The Maker’s Business Toolkit” 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.
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 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.
Refunds 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.
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.
Sales of services that include one on one time or technical assistance are final. Contracts can not be canceled for one on one services, once the service has commenced, 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 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
All refunds will only be issued to the transaction ID related to the sale of the digital goods.
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 legally applicable VAT. 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 3 working days. If the order contains goods that are made to order, the “Customer” will be contacted via email to advise of an estimated timeframe for dispatch.
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.”
Services are delivered to the “Customer” by a number of methods, depending on the particular service purchased.
These may include, but are not limited to:
- via In Person classes or workshops
- via www.nicolataylor.wpengine.com
- via third party services such as Facebook or Pinterest.
4.3 Digital Goods
Digital Goods are delivered to the “Customer” via download to the “Customer”‘s personal desktop computer or are accessed on the site www.nicolataylor.wpengine.com.
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”. Any breaches of these terms will be pursued to the full extent of the law.
5. Customer Requirements
It is the ultimate responsibility of the “Customer’ to ensure that their internet connection and computer equipment is suitable for accessing or downloading the Services or Digital Goods.
Generally, in order for the “Customer” to access Services or Digital Goods the “Customer” is required to have:-
- an internet connection
- a personal desktop computer or mobile device capable of opening the Digital Goods
6. 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 unsubscribe at any time by clicking on the link at the bottom of the email or by contacting [email protected] and asking to be removed.
The Maker’s Business Toolkit also use 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, highway authorities 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.