HOME PR LTD T/A “STORIES FROM HOME” DIGITAL CONTENT TERMS & CONDITIONS
- What these Terms & Conditions cover. These are the terms and conditions on which we supply digital content (the “Product”) to you.
- Why you should read them. Please read these Terms & Conditions carefully before you submit your order to us. These Terms & Conditions tell you who we are, how we will provide the Product to you, how you and we may change or terminate the contract, what to do if there is a problem and other important information.
- Who we are. We are Home PR Ltd a company registered in England and Wales and trading under the name “Stories from Home”. Our company registration number is 12168397 and our registered office is at 7 Castle Farm Court, South Cave, Brough, East Yorkshire, United Kingdom, HU15 2FH. Our registered VAT number is 344487871.
- How to contact us. You can contact us by email at hello@storiesfromhome.co.uk.
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. These Terms & Conditions will be incorporated into that contract.
- Your Product. You are entering into a contract with us to purchase one or more of the digital download Products offered for sale through our website. We shall make all reasonable efforts to ensure that the general description of the Products which appear on our website corresponds to the actual Product(s) that will be provided to you. However, we reserve the right to update and / or change the precise nature and contents of our Products from time to time, at our sole discretion.
- Application of Consumer Protection legislation. If you are purchasing a Product from us for your personal use, and for purposes wholly or mainly outside your business, you will be a “Consumer” for the purposes of the Consumer Rights Act 2015 (and associated legislation) and for the purposes of these Terms & Conditions. If you are purchasing a Product from us either wholly or mainly for the purposes of your business then you will not be a “Consumer” for these purposes. Consumers have different rights to non-consumers under the Consumer Rights Act 2015 (and associated legislation), which are summarised below.
- When we will provide the Product. The Product will be provided to you, by email, as soon as we have accepted your order and you have made payment.
- We are not responsible for delays outside our control. In the unlikely event that our supply of the Product is delayed by an event outside our control (for example due to technical issues on our website or the Platform) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
- Reasons we may delay the supply of the Product to you. We may need to delay the supply of a Product to:
- deal with technical problems or make minor technical changes; or
- update the Product to reflect changes in industry practice, relevant laws or regulatory requirements.
We will contact you as soon as possible if we need to do this and we will take steps to minimise the delay.
- Your rights if the supply of a Product is delayed. If we have to delay the supply of a Product under Clause 5.2 or 5.3 for more than 14 days, you may contact us to end the contract and we will refund any sums you have paid for any Product you have paid for but not received.
- We will not supply the Product if you do not pay. If you do not pay us for the Product when placing your order, we may suspend or terminate your access to that Product until you have paid us the outstanding amounts. As well as suspending or terminating your access to the Product, we may also charge you interest on your overdue payments.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) or (b) below, the contract will end immediately and we will refund you in full. The reasons are:
- there is a risk that supply of the Product may be significantly delayed because of events outside our control, for technical reasons, or because we are updating the Product, in each case for a period of more than 14 days; or
- you can show that the Product is defective: for example if we supply a different product to the one described at point of sale, or the Product is not of satisfactory quality or is not fit for purpose.
- The right to cancel (Consumer Contracts Regulations 2013). If you enter into a contract online as a Consumer, you generally have a legal right to cancel the contract within 14 days and receive a refund. However you do not have a right to change your mind and cancel the contract in respect of the Product(s) you have ordered from us:
- if you entered into the contract with us wholly or mainly for the purposes of a business;
- after you have started to download or stream the Product;
- if more than 14 days have elapsed since we accepted your order; or
- if we delivered the Product to you immediately, and you agreed to this when ordering.
- Contacting us if you have the right to cancel the contract. If you have the right to end the contract under Clause 6.1 or 6.2 above, please contact us by email at hello@storiesfromhome.co.uk.
- How we will refund you. If you are entitled to a refund under Clause 6.1 or 6.2, we will refund you the price you paid for the Product, by the method you used for payment. We will make any refunds due to you as soon as possible, usually within 14 days.
We may end the contract if you do not make payment to us when it is due, or breach the contract in any other material way. If you have materially breached the contract between us, you will not be entitled to a refund of the purchase price, and we may be able to seek compensation from you.
- How to tell us about problems. If you have any questions or complaints about the Product you have purchased, please contact us. You can write to us at hello@storiesfromhome.co.uk.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with the contract between us. If you contract with us as a Consumer, the Consumer Rights Act 2015 gives you certain legal rights in relation to the Product, which are summarised below. Nothing in these Terms & Conditions will affect those legal rights.
Summary of your key legal rights as a Consumer
If you entered into the contract with us as a Consumer, this is a summary of your key legal rights.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
If your digital content is faulty, you're entitled to a repair or a replacement.
If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
- Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order.
- When you must pay and how you must pay. We accept payment for our Products via the Stripe payment gateway on Flodesk. You will be taken to the Fodesk checkout automatically, via the link on our website, to make payment on placing your order. You must pay for the Product before you download it.
- What to do if you think you have been charged the incorrect amount. If you think you have not been charged the correct amount for the Product you ordered, please contact us promptly to let us know.
- Our Products are our original work and are protected by copyright. All intellectual property rights subsisting in our Products shall at all times remain our exclusive property (or the property of our licensors, as appropriate). Nothing in these Terms & Conditions shall vest in you any rights in the Product(s) or any other material provided by or belonging to us (or our licensors, as appropriate).
- Limited licence to use. When you purchase and we provide you with access to one or more of our Products, we will grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to download and use those Product(s) for your personal use. The licence granted to you does not give you any rights in the Products (including any material that we may licence from third parties).
- You may not, at any time:
- copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Products (or any part of them) or make those Products (or any part of them) available to any other person; or
- use the Products in the provision of any other course or training.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation, or for breach of your legal rights as a Consumer in relation to the Products.
- If a defective Product which we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation, provided you can show that this damage was due to our lack of skill and care. We will not be liable for damage which you could have avoided by following our advice or instructions as regards downloading the Product, or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. We shall not be liable to you for any loss of profit, loss of business, interruption to business, loss of business opportunity or any other indirect, special or consequential loss or damages, howsoever caused.
- No warranties. We make reasonable efforts to ensure that the contents of the Products we supply are accurate, complete and up-to-date at the time they are delivered. We do not, however, make any representations or warranties (whether express or implied) that those Products are accurate, complete or up-to-date. We are under no obligation to update the Products after they have been provided to you. We shall not be liable to you for any inaccuracy or misleading information provided in the Products, or for any reliance by You on any such information.
- No representations or guarantees. The Products supplied by us contain our professional opinions only, based on our experience in the field of copywriting and PR. The decision as to whether and how you incorporate the principles discussed in those Products in the course of your business is a matter for your discretion. You understand that results will differ from client to client, and are dependent on factors which are outside our control. We do not make any representation or guarantee that you or your business will obtain any professional opportunity or results as a result of following the opinions and advice contained in those Products.
- Our total liability is limited. Subject to the remainder of this Clause 11, our total liability to you under the contract shall be limited to the price you paid for the Product(s) we supplied to you.
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy which appears on our website.
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms & Conditions to another organisation, for example if we sell our business or sub-contract our obligations. We will ensure that the transfer will not affect your rights under the contract.
- You may not transfer the contract. You may not transfer your rights or obligations under the contract between us to any other person.
- Nobody else has any rights under the contract between us. The contract is between you and us. No other person shall have any rights to enforce any of its terms, and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses contained in these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not prevent us taking steps against you at a later date. For example, if you do not make a payment and we do not chase you immediately, but we continue to provide the Product, we can still require you to make the payment at a later date.
- Governing law and jurisdiction. The contract between us is governed by English law. You and we agree that the English courts shall have exclusive jurisdiction over any dispute arising out of or in connection with that contract.