Ellen D Coomber Ltd, trading as Expanding Possibilities, online terms and conditions for the sale of digital products

We are so delighted you have decided to place an order with us!  Please read the following important terms and conditions before you buy anything on our website.

Certain sections of these terms only apply to you if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession.  We shall let you know the relevant sections.

Here is a summary of some of your key rights:

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that if you are a consumer we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your products, in some cases, if you are a consumer, you can change your mind and get a full refund – see the section on the ‘Cooling Off Period’ below but please note that once you have started streaming, downloading or accessing the product in any way you will lose your right to cancel.

The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following:

up to 30 days: if your products are faulty, then you can get a refund;

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which youshould read carefully.

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘We’, ‘us’ or ‘our’ means Ellen D Coomber Limited; and
• ‘You’ or ‘your’ means the person using our site to buy products from us.

If you would like to talk to us about any aspect of this contract, please contact us by:

email at team@expandingpossibilities.today.

Who are we?

We are a limited company with company number 12097681 and with its registered office at The Design Studio, Woodmead Rd, Axminster EX13 5PQ.

Introduction

• If you sign up for, or buy products on our site you agree to be legally bound by this contract.
• When signing up for, or buying any products you also agree to be legally bound by:
  • our website terms and conditions and any documents referred to in them;
  • specific terms which apply to certain products. If you want to see these specific terms, please visit the relevant webpage for the products.

The above documents form part of this contract as though set out in full here.

• Your privacy and personal information
  • Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
  • Our Privacy Policy is available here https://www.ellendcoomber.com/data-fair-processing-policy].
• Ordering products from us
  • Below, we set out how a legally binding contract between you and us is made.
  • You place an order on the site by clicking on the ‘sign up’ or ‘buy now’ button.
    • When you place your order at the end of the online checkout process by clicking on the sign up button or buy button, wewill acknowledge it on the website and via email. This acknowledgement does mean that your order has been accepted, see below.
    • We may contact you to say that we do not accept your This is typically for the following reasons:
      • the products are unavailable;
      • we cannot authorise your payment; or
      • there has been a mistake on the pricing or description of the products.
    • We will only accept your order when we email you to confirm this or give you access to the products, whichever happens earlier. At this point a legally binding contract will be in place between you and us.
  • If you are under the age of 18 you may not buy any products from the site.
• Intellectual property

4.1          If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless I agree otherwise in writing you can only use those materials for your own personal use. You may not share them with any third parties.

4.2          You cannot use and monetise my methods, processes or systems. To do so would be a material breach of your legal obligations to me under the terms of this contract, and subject to immediate termination under clause [12.3.1]

4.3       For the avoidance of doubt, without my prior written authority, you are not permitted to;

            (a)  deliver any training in my methods, processes or systems to a third-party individual or organisation;

(b)  provide details of my methods, processes or systems to, a third-party individual or organisation;

(c) repurpose in whole or in part my methods, processes or systems to create and deliver your own services.

4.4           Should you become aware of any unauthorised access to the materials provided to you, or of any unauthorised use of my methods, processes or systems, you agree to notify me immediately by email.

• Right to cancel this contract.
  • Subject to 4.2, you may not cancel your purchase of digital products unless the content is faulty.
  • If you are a consumer and you have not started to download, stream, or access the products in any way, you have the right to cancel this contract within 14 days of placing your order without giving any reason. This only applies if you are a consumer; if you purchase the products for business purposes you do not have any right to cancel unless the products are faulty.
  • The cancellation period under 4.2 will expire 14 days after the date you place your order.
  • To exercise the right to cancel under 4.2, you must inform us of your decision to cancel this contract by a clear written statement (eg a letter sent by post or email). Remember you only have this right if you have not accessed the products in any way.
  • To meet the cancellation deadline, you need to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
• Effects of cancellation
  • If you cancel this contract in accordance with 4.2, we will reimburse to you all payments received from you.
  • We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
  • We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
• Delivery
  • If the product is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order.
  • If the product is to be delivered in instalments we shall supply the digital content to you as specified in the product description.
  • If something happens which:
    • is outside of our control; and
    • affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the products.

• Unless you and we agree otherwise, if we cannot deliver your products within 30 days, we will:
  • let you know;
  • cancel your order; and
  • give you a refund.
• Payment
  • We accept payment by debit or credit card on the website.
  • We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
• I am not VAT registered therefore VAT is not currently applicable to any prices quoted.
• Nature of the products
  • If you are a consumer, the Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the products:
    • are of satisfactory quality;
    • are fit for purpose;
    • match the description.
  • If we can’t supply certain products we may need to substitute them with alternative products of equal or better standard and value. In this case:
    • we will let you know if we intend to do this but this may not always be possible; and
    • you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
  • We may discontinue or modify products at any time without prior notice.
• Faulty products
  • If you are a consumer, your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from suppliers of products, you can find out more from Citizens Advice on their website www.citizensadvice.uk or call them on 03454 04 05 06.
  • If you are a consumer, nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights under common law.
  • Please contact us using the contact details at the top of this page within 7 days, if the products we supply are faulty and you wish to discuss with us the possibility of:
    • us repairing the products;
    • us replacing the products;
    • a price reduction; or
    • a refund.
  • End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

• Limit on our responsibility to you
  • Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
    • losses that:
      • were not foreseeable to you and us when the contract was formed; or
      • that were not caused by any breach on our part; and
    • business losses.
  • Entire Agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

• Disputes
  • We will try to resolve any disputes with you quickly and efficiently.
  • If you are unhappy with:
    • the products;
    • our service to you; or
    • any other matter;

please contact us as soon as possible.

• If you and we cannot resolve a dispute using our internal complaint handling procedure, and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
• The laws of England and Wales will apply to this contract.

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