Please note that these Terms & Conditions only apply to the sale of eBooks from the Paleo Diet and Fitness website. The purchase of hardcopy books or kindle downloads from Amazon UK will be subject to the Terms & Conditions set by Amazon UK. For the avoidance of doubt the 30 day money back guarantee is only applicable for the sale of eBooks from www.paleodietandfitness.co.uk.
1.1 These terms and conditions shall govern the sale and supply of downloadable ebooks through our website, and the use of those ebooks.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
- “we” means Starfish Information Products Limited (t/a Paleo Diet and Fitness) (and “us and “our” should be construed accordingly);
- “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
- “ebooks” means those ebooks that are available for purchase on our website at www.paleodietandfitness.co.uk; and
- “your ebooks” means any such ebooks that you have purchased through our website at www.paleodietandfitness.co.uk (including any enhanced or upgraded version of the ebooks that we may make available to you from time to time).
3.1 The advertising of ebooks on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase downloadable ebooks from us, the following steps must be taken: You must add the ebooks you wish to purchase to your shopping cart, and then proceed to the checkout. You will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement which will be followed by an order confirmation (at which point your order will become a binding contract).
3.4 You will have the opportunity to identify and correct input errors prior to making your order by emailing firstname.lastname@example.org.
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT (if applicable).
5.1 You must, during the checkout process, pay the prices of the ebooks you order.
5.2 Payments may be made by any of the permitted methods specified on our website from time to time.
Licensing of Ebooks
6.1 We will supply your ebooks to you in a pdf format. The ebooks will be sent to you by email (to the email address provided by you in the purchasing process) following the completion of your purchase. You will be provided with a link to download the ebooks that you have purchased. The link that you will be provided will be encrypted and can only be downloaded once. Once the ebooks have been downloaded the link will expire. If for any reason you need to reactivate the link then please contact us at email@example.com to discuss your requirements.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-exclusive, non-transferable licence to make any use of your ebooks permitted by Section 6.3, providing that you must not in any circumstances make any use of your ebooks that is prohibited by Section 6.4. Each of the ebooks purchased will contain details on each page of who the licence has been granted to. This information will be derived from the details that you have provided during the purchase process.
6.3 The “permitted uses” of your ebooks are:
- downloading a copy of each of your ebooks;
- storing and viewing a copy of your ebooks on your personal desktop, laptop or notebook computer;
- storing and viewing a copy of your ebooks on your personal ebook reader device, smartphone, tablet computers or similar mobile device; and
- printing a single copy of each of your ebooks solely for your own use.
6.4 The “prohibited uses” of your ebooks are:
- the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any ebook (or part thereof) in any format;
- the editing, modification, adaptation or alteration of any ebook (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);
- the use of any ebook (or part thereof) 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;
- the use of any ebook (or part thereof) to compete with us, whether directly or indirectly;
- any commercial use of any ebook (or part thereof); and
- the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any ebook for the purpose of preventing unauthorised use.
6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your ebooks.
6.6 All intellectual property rights and other rights in the ebooks not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any ebook.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant ebooks in your possession or control.
6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant ebooks in your possession or control, and permanently destroy any other copies of the relevant ebooks in your possession or control.
Distance Contracts: Cancellation Right
7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
7.2 We offer a 30 day money back guarantee on all the ebooks purchased from www.paleodietandfitness.co.uk. You may cancel your order at any time within 30 days of making the purchase. The 30 day period will begin on the day that the purchase is made. You do not have to give any reason for your withdrawal or cancellation. You will receive a full refund of the amount you paid to us in respect of the order.
7.3 In order to claim the 30 day money back guarantee you will need to inform us of your decision to cancel your order placed through www.paleodietandfitness.co.uk. You will need to provide written confirmation of your request to firstname.lastname@example.org. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
7.4 We will refund money using the same method used to make the payment.
7.5 We will process the refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
7.6 Once the refund has been made the ebooks the encryption technology used in the ebooks will mean that you are no longer able to access the download provided.
Warranties and Representations
8.1 You warrant and represent to us that:
- you are legally capable of entering into binding contracts;
- you have full authority, power and capacity to agree to these terms and conditions; and
- all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
8.2 We warrant to you that your ebooks will be supplied to you with reasonable care and skill.
8.3 All of our warranties and representations relating to ebooks are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
Limitations and Exclusions of Liability
9.1 Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
- are subject to Section 9.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.7 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
10.1 We may revise these terms and conditions from time to time by publishing a new version on our website.10.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
12.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
13.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third Party Rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
15.1 Subject to Section 9.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
16.1 A contract under these terms and conditions shall be governed by and construed in accordance with the law of England and Wales.
16.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Statutory and Regulatory Disclosures
17.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
18.1 This website is owned and operated by Starfish Information Products Limited (t/a Paleo Diet and Fitness).
18.2 We are registered in England and Wales under registration number 9209621, and our registered office is at 11-13 High Street, Scalby, Scarborough, North Yorkshire YO13 0PT.
18.3 You can contact us by using our website contact form available at www.paleodietandfitness.co.uk, by email to email@example.com or by telephone on 0208 0901781.