Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the digital products by you (the Customer or you). We are Clare Llewellyn-Bailey trading as Sleep Like a Log of Old Market Street, Usk, NP15 1AL with email address support@sleep-like-a-log.com; (the Supplier or us or we).
2. These are the terms on which we sell all Digital Products to you. By ordering any of the Digital Products, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Digital Products from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Digital Products;
5. Delivery Location means the Supplier's premises or other location where the Digital Products are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Digital Products means the digital products advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Digital Products from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website www.sleep-like-a-log.com on which the Digital Products are advertised.
Digital Products
11. The description of the Digital Products is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Digital Products supplied.
12. In the case of any Digital Products made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Digital Products which appear on the Website are subject to availability.
14. We can make changes to the Digital Products which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information
15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
Basis of Sale
17. The description of the Digital Products in our website does not constitute a contractual offer to sell the Digital Products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. At no point should any digital products supplied by www.sleep-Like-a-Log.com be reproduced, rebranded or amended for resale by the consumer or known associates for monetary gain.
20. A Contract will be formed for the sale of Digital Products ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Digital Products supplied under the Contract.
21. No variation of the Contract, whether about description of the Digital Products, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
23. The price of the Digital Products and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Digital Products.
Delivery
26. We will deliver the Digital Products, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Digital Products on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Digital Products, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Digital Products or rejecting Digital Products that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Digital Products.
30. If any Digital Products form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the Digital Products or the character of the unit) you cannot cancel or reject the Order for some of those Digital Products without also cancelling or rejecting the Order for the rest of them.
31. You agree we may deliver the Digital Products in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
32. The Digital Products will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Digital Products before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Digital Products will pass to you when the Digital Products are delivered to you.
36. You do not own the Digital Products until we have received payment in full.
Withdrawal, returns and cancellation
37. You can withdraw the Order by telling us via support@sleep-like-a-log.com before the Contract is made and/or the digital products have been delivered, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
Returning Digital Products
38. Under the Consumer Contracts Regulations 2013, digital downloads are neither goods nor services. If you want to download something within 14 days of buying it (what is known as the 'cooling-off’ period), you will have to give your consent to waive the 14-day cooling-off period. Therefore, returns are not accepted and refunds not given. By placing an order and receiving digital products you are accepting these terms.
Conformity
39. We have a legal duty to supply the Digital Products in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
40. Upon delivery, the Digital Products will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Digital Products which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
41. It is not a failure to conform if the failure has its origin in your materials.
42. We will provide the following after-sales service: The seller will support the customer in downloading and opening our products.
Successors and our sub-contractors
43. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
44. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
Privacy
45. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
46. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy.
47. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
48. We are a Data Controller of the Personal Data we Process in providing Digital Products to you and registered with ICO, UK
49. Where you supply Personal Data to us so we can provide Digital Products to you, and we Process that Personal Data in the course of providing the Digital Products to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organizational measures to ensure your Personal Data is secure.
50. For any enquiries or complaints regarding data privacy,
you can e-mail: support@sleep-like-a-log.com
Excluding liability
51. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Digital Products wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
52. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
53. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
54. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Attribution
55. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en) with amendments. 1st August 2023
Copyright © 2024 Sleep Like a Log - All Rights Reserved.
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