Terms & Conditions of Sale Digital products
This page (together with the documents referred to on it) tells you (“you” means the party wishing to use our Online Shop) the terms and conditions on which we (“we”, “us”, “our” and “LadyFashionDesign” means the www.ladyfashiondesign.com online shop) sell digital products and is to be read in conjunction with our Website Terms & Conditions and Terms of use Digital Products which can be found on the www.ladyfashiondesign.com Website. If there is any inconsistency between any of the provisions of these terms and conditions, the provisions of these terms and conditions shall prevail.
Please read these terms and conditions carefully before ordering any digital product. You should understand that by ordering any of our digital products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. The Online Shop is operated by Maja Marinka.
DIGITAL PRODUCTS
We provide the digital service on this site which allows you to access, stream or purchase downloads of Digital Products (including information related to these products and associated artwork).
All Digital Products available through this site are owned or controlled by us and are protected by intellectual property rights. Any streaming or use of Digital Products purchased through this site is subject to the product license agreement. Upon payment of the price of the Digital Product, we grant you a non-exclusive, non-transferable license to use the Digital Product with these terms of sale. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license, or transfer any Digital Products available through this site (whether the same are available as streams and/or downloads) in any manner other than explicitly described in the product license agreement. Nothing in these terms of sale grants to you any rights other than those expressly set out herein. These terms do not grant you any rights in relation to the synchronization, public performance, promotional use, commercial sale, resale, reproduction, distribution, or commercial exploitation of any Digital Product.
We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorized use of this site and/or Digital Products.
Downloads of Digital Products are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned, or copied. You must adhere to any and all usage restrictions that apply to the Digital Product as set out in the product license agreement.
You are able to download the same Digital Product 1 time over a 1 year period. Should you exceed this limit please contact us and we will be able to assist you further.
1. Description of products and pricing
We will take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the Website are correct at the time when the relevant information was entered into the system. Although we aim to keep the “Website” (means www.ladyfashiondesign.com) as up-to-date as possible, the information including product descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our Order acceptance policy.
Although we make every effort to ensure the prices listed are correct, mistakes may sometimes be made. If a mistake is discovered in the price of the items you have ordered prior to their downloading, we will tell you and give you the option of either reconfirming your order at the correct price or canceling your order. In this instance, if we are unable to contact you or we receive no reply from you your order will be canceled. LadyFashionDesign reserves the right to change prices listed without notice. LadyFashionDesign also reserves the right to refuse to sell to any individual or company.
2. Availability and delivery
All Digital Products featured on our site are subject to availability. We reserve the right to change or remove a Digital Product or other content on the site at any time without notice or liability to you.
3. Placing orders
Orders can currently be made via the Website. Payment must be received for the entire order before it can be processed.
4. Prices
All of the prices for Online shop products are quoted in US dollar sterling. All prices are final unless otherwise stated. Discounts are available on certain Online shop products for current members of LadyFashionDesign. If placing an order via the Website, please log on to the Website as a member before placing your order to receive the membership discount. When ordering by any other means, you should quote your membership number in order to be entitled to a discount. If you fail to log into the Website or mention your membership status at the time of placing your order, you will be charged the full price of your order. Unfortunately, we cannot offer any retrospective refund or credit for any membership discount that you would have been entitled to receive.
5. Payment options
Currently, we are able to accept payments only via PayPal.
6. Website purchases
The technical steps required to create the contract between you and us via the Website Online shop are as follows:
• To purchase an item on the Website, click on the “Add to Cart” button. Repeat for all items that you wish to purchase.
• Once you are ready to complete your order, click on the “View your shopping cart” icon in the right top corner of our Online shop.
• You will be guided through the process of placing your order by a series of simple instructions on the Website. Following this, the Website will summarise the total cost of the order. You can press the “back” button on your web browser at any time to make amendments to your order.
• You complete the order for your products on the Website by pressing the “Place Order” button at the end of the checkout process.
• We will send you an order acknowledgment email detailing the products you have ordered. This is an order confirmation or order acceptance from LadyFashionDesign.
• After completing your order, you will be able to download the ordered products directly from your membership account on the Online store.
Non-acceptance of an order may be a result of one of the following:
• Full payment not having been received;
• The identification of a pricing or product description error
7. Changing your order
After completing your order any changes are not possible. Please follow our returns policy below.
8. Returns policy
Please be aware that you may not cancel an order by you for any download of a Digital Product once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.
9. Products in error
We take great care in providing our Digital Products. In the unlikely event of faults with or damage to, the Digital Products or if you have received a faulty or incomplete Digital Product please contact us. We will replace any such faulty or damaged Digital Product if possible or if there are continuing issues with the Digital Product we may issue a refund. You must notify us within a reasonable period of time of download of the Digital Product. If you fail to notify us within a reasonable time, we will have no liability to you.
10. Termination of your account
If you are in breach of, or we suspect you are in breach of, these Digital Product Terms of Sale then we may take any/all of the following actions:-
• issue a warning to you;
• immediate, temporary, or permanent withdrawal of your access to your account and/or the site however you will remain responsible for all outstanding amounts on your account;
• legal action against you;
• disclosure of information to law enforcement authorities as we reasonably feel is necessary.
11. Limitation of Liability
THE LADYFASHIONDESIGN, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “LADYFASHIONDESIGN PARTIES”) SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING
(a) OUT OF THE USE OF OR INABILITY TO USE LADYFASHIONDESIGN DIGITAL PRODUCTS AND/OR ANY LADYFASHIONDESIGN CONTENT;
(b) FROM ANY INTERRUPTION IN THE AVAILABILITY OF LADYFASHIONDESIGN DIGITAL PRODUCTS AND/OR LADYFASHIONDESIGN CONTENT;
(c) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE;
(d) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT, AND/OR SERVICES PURCHASED OR OBTAINED THROUGH LADYFASHIONDESIGN DIGITAL PRODUCTS, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM LADYFASHIONDESIGN DIGITAL PRODUCTS;
(e) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(f) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON LADYFASHIONDESIGN DIGITAL PRODUCTS;
(g) FROM ANY DELAY OR FAILURE OF LADYFASHIONDESIGN DIGITAL PRODUCTS ARISING OUT OF CAUSES BEYOND LADYFASHIONDESIGN’S CONTROL;
(h) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, LADYFASHIONDESIGN CONTENT;
(i) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, LADYFASHIONDESIGN DIGITAL PRODUCTS
(j) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES, OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD-PARTY WEBSITES; OR
(k) OUT OF ANY OTHER MATTER RELATING TO LADYFASHIONDESIGN DIGITAL PRODUCTS OR LADYFASHIONDESIGN CONTENT.
In the event, you are dissatisfied with, or dispute, these Terms & Conditions, LadyFashionDesign digital products, and/or LadyFashionDesign Content, your sole right and exclusive remedy is to terminate your use of LadyFashionDesign digital products, even if that right or remedy is deemed to fail of its essential purpose. You confirm that LadyFashionDesign has no other obligation, liability, or responsibility to you or any other party.
The responses described above are not limited and we may take any action we reasonably deem appropriate.
