Sales Terms and Conditions
LibAbun Business Angels Ltd – Sales Terms and Conditions for Downloadable Content and Online Sales
These Sales Terms and Conditions are the standard terms that apply to items available for download and other Goods made available for purchase via our Website from us, LibAbun Business Angels Limited, a company registered in England and Wales under company number 08741843, whose registered office address is at 89c High Street, Newport Pagnell, England, MK16 8AB (“the Company/we/us/our”).
Please read these Sales Terms and Conditions carefully and ensure that you understand them – you will need to agree that you have read and accepted them before downloading and/or purchasing Goods from us. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to download or order from us.
By placing an order with us, you warrant that (a) you are legally capable of entering into binding contracts and (b) you are at least 18 years old.
- Definitions and Interpretation: In these Terms and Conditions, the following expressions have the following meanings:
“Account” means the personal information and credentials used by you to create an account on the Website to enable an order to be placed;
“Contract” means the legally binding contract formed in accordance with clause 2, which includes these Terms and Conditions;
“Goods” means the goods ordered by you;
“Website” means www.libabun.com and any sub-domains of this site unless expressly excluded by their own terms; and
“You/Your” means you, the person ordering from the Website.
The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. Words imparting the singular shall include the plural and vice-versa. Any reference to “writing” and “written” includes communication by email.
- How the Contract is Formed Between You and Us
- You can order free or paid content or Goods at any time via our Website. Our Website will guide you through the process. Before submitting an order, you will be given the opportunity to review and amend it. Please ensure that you have checked your order carefully before submitting it.
- For certain paid content and Goods, you may be required to create an Account, which will contain certain personal details about you. You represent and warrant that all information you submit is accurate and truthful, you have permission to submit payment information where permission may be required, and you will keep your Account details accurate and up-to-date.
- Your order constitutes a contractual offer that we may, at our sole discretion, accept. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the order has been successfully processed (“the Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation. The Order Confirmation will contain full details of the items ordered, the price where applicable (including any taxes and other additional charges), and for Goods, the estimated delivery date.
- Sharing of Accounts is not permitted unless we expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. We also recommend the password you choose is strong and secure and is changed regularly.
- When using our Website, you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, vulgar, obscene, threatening, harassing, defamatory, ageist, sexist or racist. Any failure to do so could result in the suspension and/or deletion of your Account
- We make all reasonable efforts to ensure that all descriptions and illustrations of paid content and Goods available from us correspond to the actual items that you will receive. Please note, however, that images are for illustrative purposes only and there may be slight variations between the image and the actual product sold due to differences in computer displays and lighting conditions.
- Please note that clause 3.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor discrepancies. Please refer to clause 8 if the Goods are incorrect
- All digital Goods/services purchased through our Website will normally be delivered within a few minutes. All Physical Goods/Services purchased will normally be delivered within 30 calendar days of the date of our Order Confirmation unless otherwise agreed (subject to events outside of our control).
- In the unlikely event that we fail to deliver the Goods within 30 calendar days of our Order Confirmation (except as detailed in clause 4.1), you may cancel your Order immediately if we have refused to deliver your Goods or if you told us when ordering the Goods that delivery within that time period was essential.
- If you do not wish to cancel under clause 4.2 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then cancel your Order.
- Delivery shall be deemed complete once we have delivered the Goods to the address provided in your order.
- If we are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) we will leave a note informing you that the Goods have been returned to our premises, requesting that you contact us to arrange re-delivery. The re-delivery will be chargeable.
- The risk in the Goods shall remain with us until they come into your physical possession.
- Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges
- Free and Paid Content
- If your order is for free or paid content, it will be made available to you immediately when we send you the Order Confirmation.
- For paid content, when you place an order, you will be required to expressly acknowledge that you wish the paid content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the paid content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see clause 9.3 for more information
- We make all reasonable efforts to ensure that all prices shown on our Website are correct at the time of going online. All prices are checked by us before we accept your order. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, we will give you the option to purchase the paid content and/or Goods at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If we do not receive a response from you within 48 hours, we will treat your order as cancelled and notify you of this in writing.
- If we discover an error in the price or description of the paid content or Goods after your order is processed, we will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If we inform you of such an error and you do wish to cancel the Contract, please refer to clause 10.
- All prices include VAT. If the rate of VAT changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
- You will need to pay in full at the time of ordering paid content and Goods. Payment will be taken we process your order and send you an Order Confirmation (this usually occurs immediately and you will be shown a message confirming your payment). All payments have to be made using our chosen payment gateway provider. Payments will go through this payment gateway provider’s website. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and the payment gateway provider and we cannot be held responsible for their actions or lack of actions.
- Problems with the Paid Content and/or Goods
- By law, we must provide digital content and Goods that are of satisfactory quality, fit for purpose and as described. If any paid content or Goods you have purchased do not comply, please contact us as soon as reasonably possible to inform us of the problem.
- In the case of Goods ordered:
- Beginning on the day that you receive the Goods, you have a 30 calendar day right to reject the Goods and to receive a full refund or replacement if they do not conform as stated above;
- If the packaging is damaged on delivery, please contact us within 48 hours of delivery so we can investigate the issue with the delivery company;
- To return Goods to us for any reason under this clause 8, please contact us to arrange for a return. You will need to return the Goods together with the original packaging where possible. If you no longer have the original packaging, please ensure you have well protected the Goods;
- On receipt of the returned Goods, if we prove them to be faulty, damaged or incorrect, we will provide you with a replacement within a reasonable time and will reimburse you for the postage costs in returning them to us;
- In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund, including any delivery costs paid by you when the Goods were originally purchased;
- If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we carry out the replacement and will resume on the day that you receive the replacement Goods.;
- Please note that you will not be eligible to claim under this clause 8 if we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; or the problem is the result of normal wear and tear, misuse or intentional or careless damage.
- Please also note that you may not return Goods to us under this clause 8 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason. Please refer to clause 9 for more details.
- In the case of paid content ordered:
- If the paid content has faults, you will be entitled to a repair or a replacement;
- If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund;
- Please note that we will not be liable if we informed you of the fault(s) or other problems with particular paid content before you accessed it and it is that same issue that has now caused the problem (for example, if the paid content in question is an alpha or beta version and we warned you that it may contain faults); if you have purchased the paid content for an unsuitable purpose that is neither obvious nor made known to us and the problem resulted from your use of the paid content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
- Refunds under this clause 8 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
- Refunds under this clause 8 will be made using the same payment method that you used when purchasing the paid content or Goods, unless you specifically request that we make a refund using a different method.
- For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office
- If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund.
- In the case of Goods:
- the period begins once we have sent you your Order Confirmation (i.e. when the Contract between you and us is formed) and if the Goods are being delivered to you in a single installment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods. If the Goods are being delivered in separate installments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods;
- Please ensure that you return Goods to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this clause 9;
- You may return Goods to us by post or another suitable delivery service of your choice to our returns address provided with the Goods. Please note that you must bear the costs of returning Goods to us if canceling under this clause 9;
- Refunds under this clause will be issued to you within 14 calendar days from the day on which we receive the Goods back; or the day on which you inform us (supplying evidence) that you have sent the Goods back; or if we have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract;
- Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them. Excessive handling means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop). Please note that if we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled in a way that would otherwise entitle us to reduce your refund.
- In the case of paid content:
- the period begins once we have sent you your Order Confirmation (i.e. when the Contract between you and us is formed) and ends when you access (e.g. download or stream) the paid content, or 14 calendar days after the date of our Order Confirmation, whichever occurs first;
- Refunds under this clause 9.3 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform us that you wish to cancel;
- After the cooling-off period, you may cancel at any time, however subject to clause 10, we cannot offer any refunds and you will continue to have access to the paid content;
- If you purchase paid content by mistake, please inform us as soon as possible and do not attempt to access it. Provided you have not accessed any paid content, we will be able to cancel the order and issue a full refund. If you have accessed any paid content, we will not be able to offer any refund and you will continue to have access to it.
- If you wish to exercise your right to cancel under this clause 9, you may inform us of your cancellation in any way you wish, however for your convenience, we offer a cancellation form on our Website and will include a link to it with the Order Confirmation. Cancellation by email or by post is effective from the date on which you send us your message.
- Refunds will be issued using the same method you used to place the order, unless you expressly request we refund using a different method.
- Your Other Rights and Our Rights to End the Contract
- You also have a legal right to end the Contract at any time if we are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
- If you wish to exercise your right to cancel under this clause 10, you may contact us in accordance with clause 9.4. Refunds will be made in accordance with clause 9.3.2.
- We reserve the right to terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. If we terminate as a result of your breach of these Terms and Conditions, you will not be entitled to any refund. Such terminations can be appealed by contacting us in writing. If we terminate your Account for any other reason, we will refund payments made on a pro-rata basis. Access to any paid content will cease immediately from the date of termination.
- Intellectual Property Rights
- All content on the Website including, but not limited to, e-books and other downloadable content, text, graphics, logos, icons, sound and video clips, data, page layout, underlying code and software is our property. By using the Website you acknowledge that such content is protected by applicable intellectual property laws.
- When you download free or paid content, we will grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to access and use the relevant paid content for personal, non-commercial purposes. The licence granted to you does not give you any rights in our paid content (including material that we may licence from third parties).
- You may not download, copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the free or paid content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’)
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer, or any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office
- When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communication be in writing. This does not affect your statutory rights.
- Notices shall be deemed to have been duly received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that the email was sent to the specified email address of the addressee
- Privacy and Data Protection
- All personal information that we may use will be collected, processed, and held in accordance with the provisions of the General Data Protection Regulation 2016 (“GDPR”) and your rights under the GDPR.
- Events outside our control (Force Majeure)
We will not be liable or responsible for any failure or delay in performing any of our obligations under the Contract if that failure or delay is caused by any event beyond our reasonable control. This includes, but is not limited to: power failure, internet service provider failure, industrial action, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action or any other event beyond our reasonable control.
- Other Important Terms
- We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
- The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
- We may revise these Terms and Conditions from time to time. If we change these Terms and Conditions as they relate to the Contract between you and us, we will give you advance notice of the changes and provide details of how you may cancel if you are not happy with them.
- In the unlikely event that you have reason to complain or experience any problems with the content or Goods provided by us, please inform us immediately in the first instance, to enable us to take appropriate action.
- If we cannot resolve any dispute between us, we will attempt to resolve it using Alternative Dispute Resolution. If you are a consumer within the EU, you can register a complaint using this link: http://ec.europa.eu/consumers/odr/
- Law and Jurisdiction
- These Terms and Conditions and the relationship between you and us will be governed by and construed in accordance with the laws of England and Wales.
- Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.