Last Updated on 24th March 209
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of our products.
This website is owned and operated by Ellie Kime t/a The Wedding Enthusiast. Our principal place of business is located at 8 Hayhurst, Dibden Street, London, N1 8RQ.
In this contract:
• ‘We’, ‘us’ or ‘our’ means Ellie Kime t/a The Wedding Enthusiast; and
• ‘You’ or ‘your’ means the person using our site to buy goods from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
• Email: firstname.lastname@example.org
We reserve the right to update and change these Terms and Conditions of Use at any time and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not you have read them. If you do not agree with any of our Terms and Conditions of Use, please email us at email@example.com and we will make reasonable efforts to remove your name, email and access to our offering and website(s).
1.1 If you buy digital content from us you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any digital content you also agree to be legally bound by:
1.3.1 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month's notice; and
1.3.2 specific terms which apply to certain digital content. If you want to see these specific terms, please visit the relevant webpage for the digital content or click on the details section at any time during the online purchase process.
All these documents form part of this contract as though set out in full here.
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 Refer to the details description;
2.1.2 read the acknowledgement email (see clause 4.2.1); or
2.1.3 contact us using the contact details at the bottom of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Your privacy and personal information
4 Your product use and consent
4.1 When you purchased our offering, you were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the offering and further access of the offering, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
5 Ordering digital content from us
5.1 Below, we set out how a legally binding contract between you and us is made.
5.2 You place an order for digital content by adding a product to cart and proceeding to checkout. Completing you details, shipping and billing details before submitting the order via the pay now button. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. In any event, before you place your order you must check that the hardware and software requirements of your computer or device mean that you can download the digital content.
5.2.1 When you place your order at the end of the online purchase process (eg when you click on the ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
5.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the digital content is unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the digital content from us;
(d) we are not allowed to sell the digital content to you; or
(e) there has been a mistake on the pricing or description of the digital content.
5.2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) the digital content will download automatically.
5.3 If you are under the age of 18 you may buy any digital content from the site.
6 No right to cancel this contract once downloading starts
6.1 When you buy the digital content:
6.1.1 you have no right to cancel this contract once the automatic downloading of the digital content starts; and
6.1.2 you must read the following statement, agree to it, and tick the relevant box when buying the digital content: ‘[I hereby consent to immediate performance of this contract when clicking on the ‘pay now’ button and acknowledge that I will lose my right of withdrawal from the contract once the automatic download of the digital content has begun’].
7 Permission to use the digital content
7.1 When you buy the digital content and download it (see clause 4.2.3(b)), All images, text, designs, graphics, trademarks, and service marks are owned by and property of The Wedding Enthusiast, or the properly attributed party, 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;
7.2.3 may not be:
(a) copied by you except for a reasonable number of necessary back-ups;
(b) distributed or sold by you to any third party;
7.2.4 does not include:
(c) new releases;
(d) new versions; and
7.2.5 contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
7.3 Except where you have permission to use the digital content under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
8.1 Once you have clicked on the ‘pay now’ button (see clause 4.2.1) and received the Confirmation Email (see clause 4.2.3 you will be given the option to download the digital content by clicking on the ‘download now’ button).
8.2 Access to your download link will be available to you for 24 hours.
8.3 You will also receive the download link in your Confirmation Email.
8.4 We may deliver your digital content in instalments. If you want to see whether your digital content may be delivered in this way, refer to the description details at any time during the online purchase process.
8.5 If something happens which:
8.5.1 is outside of our control; and
8.5.2 affects you being able to download the digital content,
8.5.3 we will let you have a revised time for when you can expect to be able to download the digital content. If your computer or device blocks the automatic download of the digital content or the automatic download does not start, you may still have the right to cancel the contract.
9.1 We accept the following credit cards and debit cards: Visa, Mastercard, and American Express.
9.2 We do not store any whole credit card numbers or payment information, and instead, these are processed through our third-party processors Stripe and PayPal.
9.3 By utilising these payment processors to gain access to the Offering, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
9.5 Your credit card or debit card will only be charged when you start to download the digital content.
9.6 The price of the digital content:
9.6.1 is in pounds sterling (£)(GBP)
10 Nature of the digital content
10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the digital content:
10.1.1 is of satisfactory quality;
10.1.2 is fit for purpose; and
10.1.3 matches its description.
10.2 We must provide you with digital content that complies with your legal rights.
10.3 When we supply the digital content:
10.3.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
10.3.2 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 website; and
10.3.3 you acknowledge that there may be minor errors or bugs in it.
11 Faulty digital content
11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
11.1.1 contact us using the contact details at the bottom of this page; or
11.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.3 Please contact us using the contact details at the bottom of this page, if you want:
11.3.1 us to repair the digital content;
11.3.2 us to replace the digital content;
11.3.3 a price reduction; or
11.3.4 to reject the digital content and get a refund.
11.4 To avoid faults in the digital content happening, you must:
11.4.1 install any fixes, updates and new versions as soon as reasonably possible after we tell you that they are available to be downloaded;
11.4.2 use it only on the recommended third party software and equipment set out in the guide to its use or on our website.
12.1 This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
13 End of the contract
13.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
14 Limit on our responsibility to you
14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
14.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
14.1.2 business losses; and
14.1.3 losses to non-consumers
15.1 We will try to resolve any disputes with you quickly and efficiently.
15.2 If you are unhappy with:
15.2.1 the digital content;
15.2.2 our service to you; or
15.2.3 any other matter;
please contact us as soon as possible.
15.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
15.3.1 let you know that we cannot settle the dispute with you; and
15.3.2 give you certain information required by law about our alternative dispute resolution provider.
15.4 If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
15.5 The laws of England and Wales will apply to this contract.
16 Third party rights
16.1 No one other than a party to this contract has any right to enforce any term of this contract.