Terms for the sale of digital content
1 ABOUT THESE TERMS
1.1 These terms and conditions (Terms) set out the terms on which you can purchase templates and e-books through our website (Website). You must accept these Terms for us to provide the Content to you.
1.2 Please read these Terms carefully. These Terms tell you who we are and other important information. They describe how we sell our Content, set out your rights and responsibilities and tell you what to do if there is a problem. These Terms also limit our liability.
1.3 By purchasing our Content, you are agreeing to these Terms. If you do not agree to these Terms, you must not purchase our Content.
1.4 Please note that we reserve the right to update, change or replace any part of these Terms at our sole discretion. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
1.5 We will collect some personal data about you in order to process your order (e.g. your name, email address, payment details and delivery information). For information regarding how we process personal data, please see our privacy policy at https://www.socialgizmodesigns.com/privacy-policy
1.6 These terms cover the terms and conditions if you purchase Content via the Website. For information regarding access to and use of our Website, please see our Website terms of use at https://www.socialgizmodesigns.com/terms-conditions
1.7 This contract is only available in English. No other languages will apply to this contract.
2 WHO ARE WE?
2.1 We are Social Gizmo Designs, operating as a sole trader whose registered address is 86-90 Paul Street , London, EC2A 4NE (we/us/our).
2.2 We are a branding studio and are in the business of selling branding services and editable branding templates.
2.3 If you have any questions about these Terms, please contact us using the details below:
Email: hello@socialgizmodesigns.com
3 PLACING AN ORDER
3.1 To purchase our Content, you need to place an order on our Website.
3.2 Please check your order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can download or access the digital content. Please read all sales copy on the website to see the requirements.
3.4 The order will only be accepted when we send you a written acceptance of the order by email, at which point a contract between you and us will be created that is subject to these Terms. We will then let you know how you can receive the Content.
3.5 We reserve the right to accept or reject any order at our discretion. If we are unable to accept your order, we will notify you as soon as possible.
3.6 If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.
3.7 The digital content on the site is suitable for all ages. However, if you are under the age of 18 whilst you may buy any digital content from the site, payment must be made by someone over the age of 18.
4 DESCRIPTION OF OUR CONTENT
4.1 The description of the Content is as set out on individual product pages on our Website at https://www.socialgizmodesigns.com/shop
4.2 We cannot guarantee that the colours displayed on your device when using purchased Content will match the exact colours shown on our Website. The colours of the Content may vary depending on what device you are using and your settings.
4.3 Where your device is required to meet technical requirements to run or display Content purchased on our Website, we will make this clear on our Website sales copy.
4.4 We are not responsible for Content which fails to meet its description where your device does not meet the technical requirements as set out on our Website.
4.5 When providing our Content to you, we will:
4.5.1 provide our Content to you in accordance with these Terms; and
4.5.2 comply with all applicable laws.
4.6 When we supply the digital content:
4.6.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
4.6.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our site; and
4.6.3 you acknowledge that there may be minor errors or bugs in it. Please contact us as soon as reasonably possible for us to remedy these.
5 DELIVERY OF DIGITAL CONTENT
5.1 The Content you purchased can be downloaded or accessed via the link we provided you in your order confirmation email.
5.2 If you download Content onto someone else’s device, please make sure you obtain the owner’s permission before downloading Content onto their device.
5.3 If something happens which is outside of our control and affects your ability to access or download the digital content, we will let you know when you can expect to be able to access or download the digital content.
5.4 If you are having any trouble downloading or accessing the Content, please email us at hello@socialgizmodesigns.com
6 LICENCE
6.1 Where you use the Content in accordance with these Terms:
6.1.1 we grant you a non-exclusive, non-transferable licence to use the Content and, where you are a business customer, for use within your business and to access the content provided for internal business purposes only; and
6.1.2 you shall be limited to the number of users paid for in accordance with our charges. We will confirm the number of users to you.
6.2 So as long as you do not violate any restrictions set out in these Terms, you may make a limited number of copies of the Content for the purpose of providing a backup in accordance with your own internal operating procedures.
6.3 You may adapt or modify spreadsheet templates for your own personal use or for internal use within your business.
7 LICENCE RESTRICTIONS
7.1 When you buy the digital content and it is downloaded you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
7.2 The digital content:
7.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
7.2.2 is non-exclusive to you. We may supply the same or similar digital content to other users;
7.3 You must not:
7.3.1 sell, distribute, reproduce, transfer, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of the Content to other parties in any way except as permitted by these Terms;
7.3.2 remove, delete, obscure, disable, modify, add to, tamper with, or circumvent any program code or data, copyright, trademark, or other proprietary notices, labels or copy protection Content contained on or within the Content;
7.3.3 exploit the Content (or part of), content contained in it, any of our related literature, for any commercial purpose;
7.3.4 export or re-export the Content or any copy or adaptation in violation of any applicable laws or regulations;
7.3.5 create data or executable programs which mimic data or functionality in the Content;
7.3.6 use the Content for any illegal or immoral purposes;
7.3.7 use the Content to make any other content or programme which is substantially similar to the Content.
7.4 You do not have permission and are not permitted to access the Content in source code form.
8 OUR INTELLECTUAL PROPERTY RIGHTS
8.1 You agree that we and our licensors own all intellectual property rights in the Content. These Terms do not grant you any rights to any intellectual property rights in the Content except as expressly set out in these Terms.
8.2 You must not use our trade marks or our trade names on your website or in any marketing materials without our express written consent.
9 PRICE AND PAYMENT
9.1 The price for our Content will be shown on the Website and as set out in your order (Price). All prices are in pounds sterling (£)(GBP).
9.2 Prices for our Content may change at any time. This will not affect existing orders unless:
9.2.1 the information you provided us in relation to your order was materially different from the information we required in order to provide the Content; or
9.2.2 there has been an error on the Website regarding the pricing of any of our Content and this affects your order, we will try to contact you using the contact details you provided when you placed your order. If this happens, we will give you the option to re-confirm your order at the correct price or to cancel your order.
9.3 We will charge the Price to the credit or debit card that you have provided at the time we accept the order. All amounts due must be paid in full in advance.
9.4 We use a third-party payment provider (Stripe) to process credit or debit card payments on our Website. All credit card and debit card payments need to be authorised by the relevant card issuer. We do not accept cash or cheques.
10 NO RIGHT TO CANCEL
10.1 When you place an order for digital content it will become immediately available to access or download. You acknowledge that accessing or downloading any content means you lose your right to cancel.
10.2 This means that you do not have the right to cancel this contract once the download of the digital content starts or once you have accessed it through our third party provider and are not entitled to a refund unless the digital content is faulty.
10.3 For more detailed information on your consumer rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
11 IF THE CONTENT IS FAULTY
11.1 The Content that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply material that is in conformity with our contract with you.
11.2 If the Content is faulty or misdescribed, please contact us as soon as reasonably possible.
11.3 You must notify us in writing within 14 days of receipt of the Content and any deliverables setting out the nature and extent of the faults or defects;
11.4 We shall, at our option, remedy the fault with the Content or refund (in whole or in part) the Price for the Content to you on your original payment method.
12 YOUR OBLIGATIONS AND RESTRICTIONS
12.1 You agree that:
12.1.1 you will provide complete and accurate information when placing an order;
12.1.2 you are responsible for making sure that the information you provide us in order to enable us to provide the Content is correct;
12.1.3 you will comply with these Terms, and any other documents referred to in it, when using our Website and placing an order for Content; and
12.1.4 in reading and accepting these Terms, you are aware of and understand your rights and responsibilities, and if you are not sure, you have contacted us on our Contact Page for help or more information.
13 TERM AND TERMINATION
13.1 A contract shall start when we have provided you with written acceptance of your order and shall go on until:
13.1.1 all Content has been delivered; in which case the contract shall expire;
13.1.2 the contract is terminated in accordance with clause 11 (if the content is faulty);
13.1.3 we exercise our right to end the contract under clause 14 (our right to end the contract).
14 OUR RIGHT TO END THE CONTRACT
14.1 We may terminate any and all contracts we have with you at any time by contacting you in writing if:
14.1.1 you commit a serious breach of these Terms;
14.1.2 you do or take part in anything illegal when using our Website or purchasing our Content; or
14.1.3 you fail to pay any amount due under a contract on the due date.
14.2 Our right to terminate does not affect any of your rights.
15 OUR LIABILITY TO YOU
15.1 We are not liable to you for any losses you incur where the delivery of the Content is delayed or cannot be delivered because you fail to make information available to us or fail to provide us with adequate instructions or information to allow us to deliver the Content.
15.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage. If we are affected by an unforeseeable event, we will promptly write to you to let you know if this means we are unable to fulfil the contract.
15.3 Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
15.4 Subject to the below, our liability under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the price for the Content paid by you.
15.5 We will not be liable to you under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
15.5.1 consequential, indirect or special losses; or
15.5.2 any of the following (whether direct or indirect):
15.5.3 loss of profit;
15.5.4 loss or corruption of data;
15.5.5 loss or corruption of Content or systems;
15.5.6 loss or damage to equipment;
15.5.7 loss of use;
15.5.8 loss of opportunity;
15.5.9 loss of savings, discount or rebate (whether actual or anticipated); or
15.5.10 harm to reputation or loss of goodwill.
15.6 Where we have failed to provide you with the Content or some or all of the materials described on the Website as part of the Content purchased, we shall only be liable up to the limit of the price paid for the Content.
16 GENERAL
16.1 You are not allowed to transfer your rights or obligations under these Terms to anyone without our prior written consent. We may transfer our rights and obligations under these Terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
16.2 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms will not be affected.
16.3 If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
16.4 Under these Terms, notices must be in writing and sent to the other party’s address or email address, as set out in the order confirmation. Letters sent in the United Kingdom will be deemed delivered in 3 business days (excluding English Bank Holidays), after sending. Emails will be deemed delivered the same day (or the next business day, if sent on a non-business day or after 5pm on any business day at the recipient’s location).
16.5 Each contract, these Terms and the terms of each accepted order represent the entire agreement between us and replace any terms and conditions of purchase or supply that you have been provided with previously.
16.6 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content you purchased, our service to you or any other matter, please contact us as soon as possible using the contact details set out in these Terms.
16.7 Each contract, these Terms and the terms of each accepted order and any dispute or claim arising out of them will be governed by, and interpreted in accordance with, the laws of England and Wales and the parties agree that the courts of England and Wales will have exclusive jurisdiction to settle such disputes or claims. If you are a consumer and live in either Northern Ireland or Scotland, you can choose to bring a claim in England and Wales or in the courts of another part of the United Kingdom in which you live.