TERMS AND CONDITIONS
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions upon which we supply digital content products to you.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms 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, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Pearson and Pope Ltd, a company registered in England and Wales. Our company registration number is 11431964 and our registered office is 67 Worcester Crescent London NW7 4LP. “Michelle Sews” is a trading name of Pearson and Pope Ltd.
2.2 How to contact us. You can contact us by writing to us at hello@pearsonandpope.com.
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is unavailable for download, because of technical issues, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. 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.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. The primary line of products is PDF sewing patterns, and not the physical garments illustrated. As such, the end look of your garment will be influenced by your choice of fabric, your measurements and your sewing style.
4.2 Usage of our products. We only supply the products to consumers for domestic and private use. You are not entitled to use the products for commercial purposes. The products must not be distributed by you or reproduced other than for your domestic and private use.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If you have already downloaded the digital product, we are unlikely to be able to change it for you.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the products to implement minor adjustments and improvements. Where possible we will send you the updated product if you have previously purchased the affected product and at that time we would explain the nature of the changes.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website. For digital content, there will be no delivery cost.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will make the digital content available for download by you as soon as we accept your order.
7.3 We are not responsible for delays outside our control. 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. 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.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, a valid email address. If so, this will have been stated in the description of the products on our website. If you give us incomplete or incorrect information, we may end the contract (and Clause 10.2 will apply). 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.
7.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make other changes to the product (see Clause 6).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. 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, and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get some or all of your money back). See Clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, depending on the nature of the product. For digital products we are generally unable to offer a refund once the product has been downloaded;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) 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:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) 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 one week; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). 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.
8.4 [not used];
8.5 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of digital products after you have started to download or stream these.
8.6 How long do consumers have to change their minds? If you have boughtdigital content for download (for example, PDF sewing patterns), you have 7 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading.
8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you may still end the contract before it is completed. A contract for goods or digital content is completed when the product is paid for, the access link is delivered, and the product is downloaded. If you want to end the contract in these circumstances, please contact us to let us know.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at orders@pearsonandpope.com. Please provide your name, address, details of the order and, if you are happy to discuss the issue by phone, your phone number.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products by the method you used for payment.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible and generally within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due; or
(b) 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.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at hello@pearsonandpope.com.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the section below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
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Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website http://www.adviceguide.org.uk or call 03454 04 05 06.
If your product is digital content, for example a PDF sewing pattern or a subscription to an online class, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
See also Clause 8.3
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13. [NOT IN USE ]
14. PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT (where applicable). 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.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If your order is affected by such an error and you have not yet downloaded the products, we will contact you for your instructions.
14.4 When you must pay and how you must pay. We accept payment with Visa, MasterCard and Paypal. For digital content, you must pay for the products before you download them.
14.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to 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.
15.2 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 as summarised at Clause 12; and for defective products under the Consumer Protection Act 1987.
16. [NOT USED]
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we will use your personal information. We will only use your personal information as set out in our privacy policy.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms
18.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. 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.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.