Terms and Conditions of Sale – SimpleFormat

1. Definitions

In this agreement:

2. Interpretation

In this agreement unless the context otherwise requires:

1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
4. [except where stated otherwise], any obligation of any person arising from this agreement may be performed by any other person;
5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, [such cost calculated £50 per hour].
9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
3. Price and payment
   4. The price payable for the Goods that you order is clearly set out on Our Website.
4. Security of your credit card

We take care to make Our Website safe for you to use.

1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
2. The following rules apply to cancellation of your order:
   1. If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
   2. If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
   3. We will return your money subject to the following conditions:
      1. we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
      2. you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
3. The option to cancel your order is not available:
   1. if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
   2. if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
   3. if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
5. In any of the above scenarios, we will return your money within 14 days.

These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:

1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
2. Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
3. The Goods must be returned to us as soon as any defect is discovered but not later than [14 days].
4. So far as possible, Goods should be returned:
   1. with both Goods and all packaging as far as possible in their original condition;
   2. securely wrapped;
   3. including our delivery slip;[or manufacturer’s delivery slip]
   4. at your risk and cost.
5. The procedure for return of Goods is set out on Our Website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods.

13. Your account with us
    18. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
    19. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
    20. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
14. Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

1. be malicious or defamatory;
2. consist in commercial audio, video or music files;
3. be illegal, obscene, offensive, threatening or violent;
4. be sexually explicit or pornographic;
5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
7. solicit passwords or personal information from anyone;
8. be used to sell any goods or services or for any other commercial use;
9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
10. link to any of the material specified above, in this paragraph.
11. send age-inappropriate communications or Content to anyone under the age of [18].

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

1. hyperlinks, other than those specifically authorised by us;
2. keywords or words repeated, which are irrelevant to the Content Posted.
3. the name, logo or trademark of any organisation other than yours.
4. inaccurate, false, or misleading information.

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
3. download any part of Our Website, without our express written consent;
4. collect or use any product listings, descriptions, or prices;
5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
7. share with a third party any login credentials to Our Website.
8. Despite the above terms, we now grant a licence to you to:
   1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
   2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

1. your failure to comply with the law of any country;
2. your breach of this agreement;
3. any act, neglect or default by any agent, employee, licensee or customer of yours;
4. a contractual claim arising from your use of the Goods;
5. a breach of the intellectual property rights of any person.

The following terms apply in the event of a dispute between the parties:

1. If you are not happy with our services or have any complaint then you must tell us by email message to [email address or an updated address which you will find on Our Website].
2. Detailed information about our complaint handling procedure is at [enter link (if any)].
3. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise.
8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, [including any labour dispute between a party and its employees].
9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
10. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

How to cancel

To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.​