AWESOME DOG LTD
TERMS AND CONDITIONS FOR THE SALE OF DIGITAL PRODUCTS
1 THESE TERMS
1.1 These are the terms and conditions on which we supply our digital products to you. Please read these terms carefully before you submit your order to us. They tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss this.
1.2 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.2.1 You are an individual.
1.2.2 You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.3 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or 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.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Awesome Dog Limited (also trading under the names Awesome Dog Mocap and Abranimations®), a company registered in England and Wales. Our company registration number is 05953008 and our registered office is at 10 Upper Grosvenor Road, Tunbridge Wells TN1 2EP.
2.2 You can contact us by emailing our team at firstname.lastname@example.org or by using the contact form on our site.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
2.5 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
3 OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it and send you a link to be able to download the digital product, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be (for example) because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. Please note that our products are directed at customers aged 18 or older and by placing an order with us you confirm that you are at least 18 years old.
4 OUR PRODUCTS
4.1 The images and descriptions of the products on our website are for illustrative purposes only. You are strongly encouraged to read the product specifications, guides, tutorials and “frequently asked questions” on our website prior to making an order with us.
4.2 Your use of our digital products is subject to the terms of our Licence Agreement, click here for more information https://awesomedog.com/pages/digital-product-eula
5 OUR RIGHTS TO MAKE CHANGES
5.1 We may change the products at our discretion and:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
5.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will be detailed in the specification for each digital product.
5.2 In addition we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract if these changes take effect before you have downloaded the digital products.
5.3 We may update or require you to update digital products, provided that the digital products shall always match the description of it that we provided to you before you bought it.
6 PROVIDING THE PRODUCTS
6.1 All applicable product costs will be as displayed to you on our website.
6.2 During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order. We will make most of the digital products available for download by you as soon as we accept your order.
6.3 From time to time we may specify limits on the number of times you may download the products or the period of time following acceptance of your order within which you may download the products. .If you do not download the digital products in accordance with these limits then you may lose the ability to do so and may be required to make another order. If you fail to download the digital products in accordance with these limits then you will not be eligible for a refund (subject to these terms and conditions).
6.4 If our supply of the products is delayed by an event outside our control 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, including by increasing the length of time that you have to download the digital products following our acceptance of your order. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.5 We may need certain information from you so that we can supply the products to you, for example, a contact email address. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.6 We may have to suspend the supply of a product to:
6.6.1 deal with technical problems or make minor technical changes;
6.6.2 update the product to reflect changes in relevant laws and regulatory requirements;
6.6.3 make changes to the product as requested by you or notified by us to you (see clause 5).
7 YOUR RIGHTS TO END THE CONTRACT
7.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
7.2 If the digital product you have bought is faulty or misdescribed you have a legal right to end the contract and get your money back), see clause 10;
7.3 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.5;
7.4 If you are a consumer and have just changed your mind about the product, see clause 7.6. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
7.5 If you are ending a contract for a reason set out at clauses 7.5.1 to 7.5.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.5.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2);
7.5.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.5.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.5.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
7.5.5 you have a legal right to end the contract because of something we have done wrong.
7.6 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.7 If you are a consumer you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading the digital product to change your mind. If we delivered the digital products to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. Your right as a consumer to change your mind does not apply in respect of digital products after you have started to download them.
8 HOW TO END THE CONTRACT WITH US ( INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND )
8.1 To end the contract with us, please contact us by email using the form at the bottom of this document or complete our online form here https://awesomedog.com/pages/end-contract
8.2 If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
9 OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract for a product at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
9.1.3 you are in breach of (or we reasonably believe you to be in breach of) our Licence Agreement.
10 IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 We are under a legal duty to supply products that are in conformity with this contract. If you consider that a digital product which you have licensed from us is not in conformity with the specification or other documents we make available in respect of it, or if you have any questions or complaints about or digital products, please contact us as soon as possible using the contact details provided in these terms.
10.2 Please see the terms of our digital product Licence Agreement details of the warranties applicable to the digital products.
11 PRICE AND PAYMENT
11.1 The price of the product (which includes VAT, if applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order. Our prices are subject to change without notice to you.
11.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 We accept payment with most major credit and debit cards, as well as via PayPal. You must pay for the digital products before you download them.
11.5 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
12.1 We are responsible to you for foreseeable loss and damage caused directly by us. If we fail to materially comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but 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 and we confirmed this to you in writing.
12.2 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 or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
12.3 If defective digital products which we have supplied directly damages a device or digital products belonging to you and this is directly caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice or for damage which was caused by you failing to correctly follow installation, configuration or usage instructions or to have in place the minimum system requirements advised by us.
12.4 If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
13.1 Nothing in these terms shall limit or exclude our liability for:
13.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
13.1.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Except to the extent expressly stated in clause 10.2 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to clause 13.1:
13.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
13.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited a sum equivalent to the total sums paid by you for products under such contract.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will only use your personal information as set out in our https://awesomedog.com/pages/privacy-policy
15 OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these terms to another organisation
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 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 this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
To: Awesome Dog Limited (by email only: email@example.com)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of purchase of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Reason for cancellation:
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
Or alternatively use the online form here https://awesomedog.com/pages/end-contract
(last updated 07/09/2020)