Terms and Conditions of Purchase – Cut a Long Story Limited

(1)   Introduction

Please read these terms and conditions of purchase carefully.

You will be asked to agree to them when you place an order for an e-book download on our website.

(2)   Interpretation

In these terms and conditions of purchase, “we” means “Cut a Long Story Limited (and “us” and “our” will be construed accordingly); “you” means our customer or potential customer for downloads (and “your” will be construed accordingly); and “e-book/s” means the e-book or e-books that you purchase from our website.

(3)   Order process

The advertising of downloads on our website constitutes an “invitation to treat”; and your order for downloads constitutes a contractual offer.  The terms and conditions of purchase will not come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into the download agreement, you will need to take the following steps:

(i) you must add any download/s you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) at checkout, you must confirm your order and your consent to the terms and conditions of purchase; (iii) you will be transferred to the PayPal website, and PayPal will handle your payment; (iv) we will send you an email confirmation of your order, with your downloaded e-books attached.

We will not file a copy of the terms and conditions of purchase specifically in relation to your order.  We may update the version of the terms and conditions of purchase on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you print and retain a copy of the terms and conditions of purchase for your records.

The only language in which we provide the terms and conditions of purchase is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the contents of your basket.  You may correct those input errors before placing your order.

(4)   Downloads

The download/s will take the form of e-book/s as selected from our website.

(5)   Price and payment

Prices for downloads are quoted on our website. The website contains a large number of e-books available to download and it is possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a download's correct price will be stated when you pay for the download.

Payment must be made upon the submission of your order. We may withhold the download/s if the price is not received from you on time, in full, in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all downloads must be made by debit card, credit card, Paypal account, or other method indicated in our checkout process.

Prices for downloads are liable to change at any time, but changes will not affect download agreements that have come into force.

(6)   Your warranties

You warrant to us that:

  1. you are legally capable of entering into a binding contract;
  2. you have full authority, power and capacity to agree to the download agreement;
  3. the information provided in your order is accurate and complete; and
  4. you have access to the necessary computer systems, software and network connections to receive and enjoy the benefit of the e-book/s download/s that you purchase.

(7)   Licence to use downloads

Subject to your payment of the applicable price and compliance with the terms of the terms and conditions of purchase, we grant to you a worldwide non-exclusive non-transferable licence to make any Permitted Use of any e-book; providing that you must not in any circumstances make any Prohibited Use of any e-book.

The “Permitted Uses” are the following uses insofar as done for personal and non-commercial purposes:

  1. downloading a copy of each e-book;
  2. storing and viewing a copy of each e-book on not more than two desktop or notebook computers;
  3. storing and viewing a copy of each e-book on not more than two e-book readers, smartphones, PDAs or similar electronic devices;
  4. printing a single copy of each e-book

The “Prohibited Uses” are:

  1. the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any e-book or any part of any e-book in any format;
  2. the editing, modification, adaptation or alteration of any e-book or any part of any e-book;
  3. the use of any e-book or any part of any e-book in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
  4. the use of any e-book or any part of any E-book to compete with us, whether directly or indirectly;
  5. any commercial use of any e-book or any part of any e-book

All rights in the download/s not expressly granted in the terms and conditions of purchase are hereby reserved.

You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on any e-book.

The rights granted to you in the terms and conditions of purchase are personal to you, and you must not permit any third party to exercise these rights, except for a single individual to whom you have chosen to gift an e-book at the time of purchase.

If you breach any of the terms of the terms and conditions of purchase, then the licence set out in this Section (7) will be automatically terminated upon such breach (whether or not we notify you of termination).

Upon the termination of the licence set out in this Section (7), you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the e-book(s) in your possession or control, and will permanently destroy any paper or other copies of the e-book(s) in your possession or control.

(8)   Consumer rights

Nothing in the terms and conditions of purchase affects any statutory rights you may have as a consumer.

(9)   Limitation of warranties

The terms and conditions of purchase set out the full extent of our obligations and liabilities in respect of the download/s supplied hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 12, all conditions, warranties or other terms concerning the downloads which might otherwise be implied into the terms and conditions of purchase are expressly excluded.

(10)   Refunds

If you are entitled to a refund for any reason, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of agreeing to pay you a refund.

(11)   Force majeure

In this Section and Section 12 below, “force majeure event” means:

  1. any event which is beyond our reasonable control;
  2. hacker attacks, or virus or other malicious software attacks or infections;
  3. problems with the internet, part of the internet, or any third party internet service provider; and/or
  4. power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under the terms and conditions of purchase, those obligations will be suspended for the duration of the force majeure event.

(12)   Limitations and exclusions of liability

Nothing in the terms and conditions of purchase will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms and conditions of purchase.

The limitations and exclusions of liability set out in this Section [and elsewhere in the terms and conditions of purchase]: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions of purchase or in relation to the subject matter of the terms and conditions of purchase, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Our aggregate liability to you will not exceed the total amount paid and payable by you to us under the terms and conditions of purchase.

(13)   Termination of terms and conditions of purchase

We may terminate the agreement under the terms and conditions of purchase immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the terms and conditions of purchase, or if you commit any breach of your obligations to us under the terms and conditions of purchase.

(14)   Consequences of termination

Upon the termination of the terms and conditions of purchase:

  1. we will cease to have any obligation to make available or deliver downloads which are undelivered at the date of termination;
  2. subject to Section 8, you will not be entitled to any refund and will continue to have an obligation to pay for downloads; and
  3. all the provisions of the terms and conditions of purchase (including without limitation the licence in Section 7) will cease to have effect, except that Sections 12, 14 and 15 will survive termination and have effect indefinitely.

(15)   General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website disclaimer

The terms and conditions of purchase may only be varied by an instrument in writing signed by both you and us. We may revise the terms and conditions of purchase published on our website from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of the terms and conditions of purchase is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of the terms and conditions of purchase, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of the terms and conditions of purchase.

You may not transfer, assign, charge, sub-contract, sub-license or otherwise deal in any of your rights or obligations arising under the terms and conditions of purchase. Any attempt by you to do so will be null and void.  We may transfer, assign, charge, sub-contract, sub-license or otherwise deal in any or all of our rights or obligations arising under the terms and conditions of purchase, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under the terms and conditions of purchase.

The terms and conditions of purchase are made for the benefit of the parties to them and they are not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement of the terms and conditions of purchase is not subject to the consent of any person who is not a party to the terms and conditions of purchase.

Subject to the first paragraph of Section 12: the terms and conditions of purchase contain the entire agreement and understanding of the parties in relation to the purchase of downloads from our website, and supersedes all previous agreements and understandings between the parties in relation to the purchase of downloads from our website; and each party acknowledges that no representations not expressly contained in the terms and conditions of purchase have been made by or on behalf of the other party in relation to the purchase of downloads from our website.

The terms and conditions of purchase will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to the terms and conditions of purchase.

(17)   About us

Our full name is Cut a Long Story Limited
Our principal trading address is:-
Cut a Long Story Limited
8th floor - The Civic Centre
Castle Hill Avenue
Folkestone
Kent
CT20 2QY. 

Our company registration number is 08682372
Our email address is customerservice@cutalongstory.com

 
© 2019 CUT All rights reserved.