YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 3.2 BELOW.
Thank you for visiting our Site. These terms and conditions ("Terms") apply whenever you use the online store website, or any other online or mobile service (each, the "Site") owned or controlled and operated from time to time by or for Inside the Edit Limited ("Inside the Edit", "we", "us" or "our").
- 1. USE OF THE SERVICES
- 1.1 Service definitions
- 1.2 Use of the Services
- 1.3 Accounts
- 1.4 Proprietary rights
- 1.5 Acceptable use
- 1.6 Your personal information
- 2. TERMS OF SALE
- 2.1 Introduction
- 2.2 Supply definitions
- 2.3 Territorial availability
- 2.4 About you
- 2.5 Placing an order and formation of supply contract
- 2.6 Delivery and Product availability
- 2.7 ITE Service – Acceptable Use
- 2.8 Risk and title
- 2.9 Pricing and payment
- 2.10 Cancellation and refunds
- 2.11 Other refund requests
- 2.12 Import duties and export restrictions
- 2.13 Written communications
- 3. GENERAL
- 3.1 Limitation of liability
- 3.2 Indemnity
- 3.3 Third-party software, links and data
- 3.4 Advertising and sponsorship
- 3.5 Competitions, prize draw and promotions
- 3.6 Suspension and termination
- 3.7 Events beyond our control
- 3.8 Changes to these Terms
- 3.9 Miscellaneous
- 3.10 Contact us
1. USE OF THE SERVICES
1.1 Service definitions
In these Terms (in addition to the definitions given above):
"Account" means any account for which a User has registered in order to access the Account Service;
"Account Service" means, collectively, the Services that are only available to Registered Users;
"Content" means any and all content accessible on or via the Site (including text, software, applications, video, films, music, sound, audio files, get-up, graphics, icons, designs, pictures, photographs, illustrations, artwork, names, brands, logos, trade marks, data, statistics, information, messages, articles, blogs, notes, communications, ideas, advertisements, listings, links, compilations and other material, as well as their selection and arrangement);
"Products" means any products or services made available for purchase from time to time via the Store (whether in physical or electronic form), including the ITE Service (as defined below);
"Store" means the Inside the Edit Online Store or (as relevant) the sales section of any of our other online or mobile services; and "User" means any user of the Site.
In these Terms, any reference to "including", "other", "for example" or any similar words is without limitation.
1.2 Use of the Services
The Site and its Services are provided and operated by or for Inside the Edit Limited, a company registered in England and Wales (company number 08362593 and VAT number 160586504), whose registered office is at 8th Floor, Imperial House, 15-19 Kingsway, London WC2B 6UN.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or modify any Service that we provide on the Site with or without notice. At our sole discretion we may notify you at your email address as supplied to us.
We do not guarantee that the Site or any Service will be available at any particular time or for any period of time.
From time to time, we may restrict access to certain Services to Users who have registered with us.
When using the Site, you must at all times comply with the Site Terms.
You are responsible for making all arrangements necessary for you to have access to the Site and for all connection and other charges incurred in visiting and accessing the Site and the Services. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Site Terms, and that they comply with them.
Unless otherwise stated on the Site, access to and use of the Services is available for Users aged 18 years or above.
1.3.1 Registration. To access and use the Services via the Site, you will need to register as a Registered User. An Account allows you to participate in certain activities on the Site. Additional terms and conditions may apply from time to time in relation to certain Services via the Site.
1.3.3 Usernames. When registering as a Registered User you must select a unique username and password and provide certain other requested information. You agree that you will: (a) provide accurate, current and complete information about you whenever prompted or permitted by any Site registration process ("Personal Data"); and (b) maintain and promptly update your Personal Data and keep your Personal Data accurate, current and complete.
You must not use your password as your username.
For the sake of clarity, your username does not constitute your property and gives you no unique right to use such username. If for any reason your Account is terminated, we may issue the same username to a subsequent registered User.
1.3.4 Security. You agree to maintain the security of your username, password and other Personal Data, and not to allow anyone else to use your username or password and not to disclose any of your Personal Data to anyone else. This is as much for your own protection as for our and other Users' protection. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL USE OF, AND ALL ACTIVITY CARRIED OUT UNDER, YOUR USERNAME AND PASSWORD ON ANY SERVICE (WHETHER BY YOURSELF OR BY A THIRD PARTY WHO HAS BECOME AWARE OF YOUR USERNAME AND PASSWORD THROUGH YOUR DELIBERATE ACT OR NEGLIGENCE).
Any misuse of your registration details should be reported to Inside the Edit at email@example.com as soon as you become aware of such misuse.
1.3.5 Registration limitations. Registration does not mean that you can use your Account for all Services that we may offer via the Site. Separate registration may be required in order to access or use certain Services, each of which may be subject to: (a) eligibility criteria that you may not meet; and (b) acceptance of additional terms, conditions and restrictions, which may or may not be the same as the terms governing your Account. In particular, access to certain Services may be subject to: (i) a subscription charge or other payment; or (ii) other restrictions applicable to the Content as stipulated by us.
1.3.6 Termination of your Account. You or we may terminate your Account at any time and for any reason, and we may at our discretion terminate your Account without any further formality if we have reason to believe that you have failed to comply with any of the Site Terms. To terminate your Account, please contact our support service at firstname.lastname@example.org. We shall terminate it as soon as reasonably practical after receiving your termination request. If we terminate your Account for any breach of the Site Terms on your part, you will not be permitted to re-register as a Registered User without our express permission.
1.4 Proprietary rights
1.4.1 Content. All copyright, trade marks (registered or unregistered, and including all Product names and all associated logos and other device marks associated with such titles and names), database rights and other intellectual property rights in and to the Site and the Content are exclusively owned by Inside the Edit, its affiliates or its licensors. All rights are reserved.
Subject to section 2.7 below, no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means (in whole or in part) without Inside the Edit's prior written permission. Inside the Edit grants you a limited licence to access and use the Site and to download or print any page of the Site to which you have properly gained lawful access solely for your personal, non-commercial reference, as long as you keep all copyright or other proprietary notices intact. All rights to use, reproduce, copy and extract any Content not expressly specified in the Site Terms are reserved by Inside the Edit absolutely.
Any use of the Site or the Content (other than as specifically authorised in the Site Terms or separately permitted in writing by Inside the Edit) is strictly prohibited. Unauthorised use may also violate applicable laws (such as copyright and trade-mark laws) and applicable communications statutes and regulations.
Any licence granted to you under the Site Terms is revocable at any time (and with or without reason), except to the extent that such licence is required by you to use any Product purchased by you via the Site. All moral rights of the respective authors of any Content are hereby asserted.
1.5 Acceptable use
1.5.1 User conduct and prohibited use You accept that you are personally responsible for your use of the Site and for all of your activity on the Site. You must not:
- use the Site or the Services in any manner not expressly permitted by the Site Terms;
- harvest or collect email addresses or other contact information of other Users from the Site or any Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site or any Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or any Service; use automated scripts to collect information from, or otherwise to interact with, the Site or any Service; or
- copy or attempt to copy in any manner whatsoever any Content made available on the Site or as part of any Service (including by way of screen capture or “stream ripping” of Content made available via Streaming).
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable legislation. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
1.5.2 Monitoring. We reserve the right to monitor the use of any Service, including the Streaming of any Content, in order to determine whether any misuse of the Site or the Services is taking place.
1.5.3 Complaints. WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. You may, however, make complaints by contacting our support service at email@example.com or by written notice to: Customer Services, Inside the Edit Limited, 8th Floor, Imperial House, 15-19 Kingsway, London WC2B 6UN, United Kingdom. Our support staff can deal with requests received in English only.
1.6 Your personal information
2. TERMS OF SALE
The terms and conditions on which we shall supply you with any Products from the Store are set out in this section 2 (together with all other provisions of these Terms relevant to such supply and any other provisions referred to in this section 2). Please read this section 2 carefully before you order any Products from the Store. When registering as a Registered User, you will be required to confirm your acceptance these Terms, which govern the supply, sale and purchase of any Products. No other terms and conditions will apply, except any mandatory provisions of applicable law. We recommend that you print a copy of these Terms for your reference.
If you refuse to accept these Terms, you will not be able to order any Products from the Store.
2.2 Supply definitions
In this section 2 (and where used elsewhere in these Terms):
"Account Access Code" means a unique code generated by Inside the Edit on the successful purchase of the ITE Service by a Registered User;
"Ancillary Materials" means a 500GB LACIE hard drive containing (i) high resolution footage of approximately 40 hours in length from the documentary provisionally titled "Cities At Dawn: A Story Of Light" and accompanying scripts, transcripts, interview, director’s notes in PDF format ("Documentary Materials") and (ii) approximately 2,000 audio tracks covering a selection of genres and owned/controlled by Universal Publishing Production Music ("UPPM Content");
"Digital Products" means Tutorials and any other Products to be delivered to the consumer by way of Streaming from the Site (and not to be delivered on any physical medium);
"ITE Service" means Inside the Edit’s editing tutorial programme which comprises access to Tutorials and the Ancillary Materials;
"Physical Products" means the Ancillary Materials and any other Products which are packaged for physical delivery to the consumer;
"Registered Device" means a User’s PC, tablet, mobile phone or any other portable device which is authenticated by us for access to Tutorials via Streaming;
"Store Service" means the ITE Service or any other service ordered by you via the Store and agreed to be supplied by us to you under a Supply Contract (and, unless the context otherwise requires, the term "Products" includes any such Store Service and references to "delivery" include such a supply);
"Stream" means a real-time digital transmission of the data comprising Content via the internet, wi-fi and/or a mobile network, for the purpose of contemporaneous viewing by Registered Users on that User’s Registered Device, which is not intended to be reproduced, stored, downloaded, or distributed after the ending of the transmission concerned (other than by way of a temporary reproduction needed to effect such transmission, for example by way of data buffering), and Streaming shall be construed accordingly;
"Subscription Period" means with respect to the ITE Service an initial period of one year from the date of first access to the ITE Service by the consumer, which period may be extended on a monthly basis following the expiry of the initial period;
"Supply Contract" means any contract between you and us for the supply of Product(s); and
"Tutorials" means a selection of video tutorials made available on the Site via Streaming relating to the editing of video footage and setting of the same to music.
2.3 Territorial availability
The Store is intended for use by consumers resident anywhere in the world, excluding any countries which are or become subject to any national or international trade embargo or similar restriction of law ("Serviced Countries"). The Products displayed on the Store are not available for purchase by individuals outside of the Serviced Countries. No order for the delivery of a Product will be accepted from anyone not resident in a Serviced Country. Your payment-method billing address must be in a Serviced Country, and Products will only be delivered to that payment-method billing address.
For certain Products, we may choose only to accept orders from customers resident in (and whose payment-method billing address is in) a specified country, in which case the territorial restriction will be indicated on the relevant Product page on the Store.
2.4 About you
By placing an order for any Product through the Store, you warrant that you are:
- (a) legally able and free to enter into binding contracts;
- (b) at least 18 years old; and
- (c) a resident of a Serviced Country and accessing the Store from that country.
2.5 Placing an order and formation of Supply Contract
We reserve the right, in our sole discretion, to limit order quantity and to refuse or cancel orders above the limit we set for any Product. We will not accept orders placed in any way other than the procedure described below.
To place an order for a Product through the Store, you must first register as Registered User and obtain a username and password. See section 1.3 above for further information on how to register as a Registered User.
Details of Products contained in promotional materials, advertising or elsewhere on the Site or other websites do not constitute offers by us to supply such Products. Before confirming your order, you will be able to verify it and to correct mistakes, if any.
Your order constitutes an offer to us to buy the Product, and we may or may not accept your order at our discretion, unless otherwise required under applicable law. Where we accept your order, we shall notify you of our acceptance by emailing you an acknowledgement of receipt and confirmation of your order ("Order Confirmation"). The Order Confirmation will be sent to you by email to your Registered User email address. Unless otherwise required under applicable law, the Supply Contract between you and us will only be formed when we send you the Order Confirmation.
2.6 Delivery and Product availability
In the case of an order for the ITE Service, we will supply with your Order Confirmation an Account Access Code which will enable you to access the ITE Service for the duration of your Subscription Period. We aim to deliver you the Ancillary Materials within three business days (but in any event by no later than 10 business days) of the date of your Order Confirmation. During your Subscription Period, you may access Tutorials via Streaming on up to three Registered Devices.
In the case of other Physical Products, we will endeavour to fulfil your order by the estimated delivery date detailed in the Order Confirmation, which will usually be within 30 days from the date of the Order Confirmation. Please note that delivery estimates are just that: they are not guaranteed delivery dates and should not be relied on as such. As we process your order, we shall inform you by email if any Products that you order turn out to be unavailable.
For other Physical Products and Store Services, we will in each case send you an email (a "Dispatch Confirmation") to your Registered User email address confirming the date on which the Product has been dispatched to you (or, in the case of a Store Service, will be supplied).
For other Digital Products, the Order Confirmation will confirm when the Product will be available for Streaming and activation by you from the Store.
In order to access any Digital Products, you will need to have access to the internet and the Site with sufficient bandwidth to Stream the Products to your computer. You are responsible for all costs associated with accessing the Site and Streaming Products and for making sure that your hardware meets the minimum requirements for the operation of any software Products. Please note that it may not be possible to Stream a Digital Product if there are problems temporarily affecting the Site or the servers on which the relevant data are stored.
While we will make reasonable efforts to supply you with the Products on the Order Confirmation or Dispatch Confirmation, there may be occasions where we are unable to supply such Products. This may be as a result of: (a) the Product's non-availability, even though we placed sufficient orders with our suppliers in time; (b) a pricing error on the Store, if such error entitles us under applicable law to cancel the Supply Contract and we so cancel the order without undue delay after discovering such error; or (c) other legal reasons that require us to withdraw the Products from sale. In this situation we shall contact you by email sent to your Registered User email address. If we are unable to agree an alternative arrangement with you, we shall cancel your order in relation to the Products that we cannot supply and repay any money that you may already have paid us in respect of those Products.
Products will not be delivered to any address outside a Serviced Country. The address must be the billing address (which must be in a Serviced Country) for your payment method as indicated on your Order Confirmation.
2.7 ITE Service – Acceptable Use
Your use of the ITE Service is subject to the following additional terms:
- Access to the ITE Service on a single user per subscription basis.
- Account Access Codes are personal to each user and must not be shared with any third party.
- The Documentary Materials and the UPPM Content is provided for your personal, non-commercial use only as part of the ITE Service. You may not combine the Documentary Materials and/or the UPPM Content with any other audio or audio-visual materials. You are permitted to use and/or edit the Documentary Materials and the UPPM Content as necessary to undertake and practise the techniques covered in the Tutorials, and you may create a “showreel” of your editing for the purpose of demonstrating your editing skills to potential employers. Notwithstanding the foregoing, you are not permitted to communicate to the public any Documentary Materials or UPPM Content in any manner whatsoever, including by way of posting to user generated content platforms such as YouTube. In the event that you wish to use any UPPM Content otherwise than as part of the ITE Service, then you should make contact with Universal Publishing Production Music, the details of which are available on the Site.
- The Documentary Materials and the UPPM Content shall not be used in any manner which is defamatory, discriminatory or otherwise in breach of applicable law. Neither the Documentary Materials nor the UPPM Content may be copied for use by any third party.
- Any breach of the above terms shall be considered a material breach of the Site Terms entitling us to terminate your subscription to the ITE Service immediately on notice.
2.8 Risk and title
Unless you validly exercise your right to cancel the relevant Supply Contract (as explained in section 2.9 below), Physical Products will be at your risk from the time of delivery. Ownership of Physical Products and the right to receive Store Services will only pass to you when we receive all sums payable in relation to them, including any delivery charges.
2.9 Pricing and payment
The price of any Products will be as quoted from time to time on the Store, except in cases of obvious error.
All Product prices are inclusive of any applicable taxes (including VAT or GST). If, however, the rate of VAT or GST changes between the date of your order and the date of delivery, we shall adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT or GST takes effect.
All Product prices exclude additional transaction fees and delivery charges, which will, before you place your Order, be indicated to you on the payment page of the Store and added to the total amount due.
You may pay for Products by the methods of payment displayed on the payment page of the Store from time to time. No other methods of payment will be accepted. Payment will be in the currency indicated on the payment page of the Store.
Product prices, transaction fees and delivery charges are liable to change at any time, but such changes will not affect orders for which we have already sent you an Order Confirmation.
It is possible that, despite our reasonable efforts, some Products on the Store may be incorrectly priced. If, in such a case, the actual price of a Product is higher than that which is incorrectly displayed on the Store at the time when you place your order, we may, at our discretion (unless otherwise required by applicable law), either contact you in order to confirm whether you wish to proceed with your order at the correct higher price, or reject your order and notify you of such rejection.
If the actual price of a Product is lower than that which is incorrectly displayed on the Store at the time when you place your order, we will supply that Product to you at the correct lower price.
You will need to supply your payment method details when you place your order. Your payment method will be charged just before your order is dispatched, made available or (as applicable) supplied. No orders will be fulfilled until your payment method supplier has authorised the use of your payment method for payment.
2.10 Cancellation and refunds
2.10.1 For customers resident in any of the Serviced Counties save for Germany and Austria:
- The information on your cancellation right set out in this section 2.10.1 is only valid if you are a resident of any such country.
- Cooling-off period. If you are contracting with us as a consumer, then, subject to the provisions of this section 2.10.1, you may cancel any Supply Contract for a Product ordered from us at any time within the period of 14 days after: (a) in the case of a Physical Product, the day after the date on which you received the Product; or (b) in the case a Digital Product or a Store Service, the date of entering into the Supply Contract with us for the provision of the Digital Product or Store Service. For customers resident in Norway, however, each date described in paragraphs (a) and (b) of the preceding sentence shall instead be the date on which you receive notice of your cancellation right.
- Refunds for cancellation. If you exercise your cancellation right in accordance with this section 2.10.1, you will receive a full refund of the price paid for the Products in accordance with this paragraph. When you have validly cancelled a Supply Contract between you and us within the cooling-off period, we shall process the refund due to you as soon as possible and, in any case, within 14 days after the return of the Products or proof of the return of the Products, whichever the earlier. In this case, we shall refund in full the price of the Product which has been previously paid, including the cost of delivering the Product to you. You shall, however, be responsible for the cost of returning the item to us. To the fullest extent permitted under law, a refund of the purchase price and our delivery cost shall be the maximum extent of our liability in respect of the cancellation of the Supply Contract in question.
- How to cancel. To cancel an order, you must notify us of your intention to do so. (For Italian customers, such notice must be sent or confirmed within 48 hours via registered mail with a return receipt requested. For Portuguese customers, such notice must be sent within the cooling-off period via registered mail with a return receipt requested.) In the case of Physical Products supplied to you further to your order, you must return those Physical Products to us as soon as reasonably practical. The return of any Physical Products shall be solely at your own cost and risk. You are legally obliged to take reasonable care of any Physical Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- Excluded claims. In any event, you may not return a Product and claim a refund if: (a) the Product is a Physical Product (save for Ancillary Materials covered at paragraph (d) below) and it is not returned to us wholly or substantially intact (and, if opened and used, used with reasonable care and supplied with the Product's packaging wholly or substantially intact); or (b) you have started Streaming your Product or otherwise used an Account Access Code to access and use a Product; (c) in respect of a Store Service, you have started to use that Service or we have started to provide the Service; or (d) in respect of the Ancillary Materials included as part of the ITE Service, where such Ancillary Materials have been unsealed by the consumer.
- Your rights as a consumer. Details of your statutory cancellation right, and an explanation of how to exercise it, will be provided in the Order Confirmation. Nothing in these Terms affects your rights as a consumer under law.
2.10.2 For customers resident in Germany:
If you are a resident of Germany, please read this section 2.10.2, which sets out the details of your cancellation right. Only the German-language version of this section 2.10.2 shall be binding.
- Cancellation right. If you are a consumer pursuant to § 13 BGB (German Civil Code), you are entitled to cancel your Supply Contract by giving us notice in text form (e.g. letter, email) or if you received the Products before the end of the cancellation period by returning the Products within 14 days without providing any reasons. The cancellation period begins with the receipt of this information in text form, but not before the Supply Contract is concluded, nor (in case of the delivery of Products) before your receipt of the Products, nor (in the case of recurring deliveries of similar Products) before the receipt of the first partial delivery, and not before the fulfilment of our information obligations under Art. 246 § 2 in connection with § 1 Sub-para 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our obligations pursuant to § 312g Sub-para. 1 Sentence 1 BGB in connection with Art. 246 § 3 EGBGB. In order to adhere to the cancellation period, it is sufficient to send the notice or the Products. The notice or the Products should be sent: by post to: ITE Support, 8th Floor, Imperial House, 15-19 Kingsway, London WC2B 6UN; or by email at firstname.lastname@example.org.
- Consequences of cancellation. In the event of a valid cancellation, each party must return to the other all benefits and any further value (e.g. interest) derived by such party from the Supply Contract. If you cannot return the Products or benefits in full or in part or only in a degraded way, you will have to pay compensation for lost value. In the event of delivery of Products, you only have to pay compensation if the use or the degradation is caused by use that exceeds a review of the properties of the Products. A "review of the properties of the Products" is understood to be the testing of the Products as it would be possible and reasonable in a store. Products that can be sent via package are to be returned at our risk. You will have to pay the usual costs for the return if the Product delivered is identical to the Product ordered and if the price of the returned Product is not above 40 Euros or (in the event of a higher price) you have not yet paid in full or have not yet paid (if so agreed) a due instalment. In all other cases, the return of the Products is free for you. Products that cannot be sent via package will be collected. Claims for reimbursement must be submitted within 30 days. The period begins: (a) for you, with the dispatch of the notice or the Products; and (b) for us, with our receipt. The cancellation right will end ahead of time if the whole Supply Contract is fully fulfilled by both parties on your express request.
End of the information on the cancellation right for German customers.
2.10.3 For customers resident in Austria:
If you are a resident of Austria, please read this section 2.10.3, which sets out the details of your cancellation right. Only the German-language version of this section 2.10.3 shall be binding.
- Cancellation right. If you are a consumer pursuant to § 1 Austrian Consumer Protection Act (Konsumentenschutzgesetz), you are entitled to cancel your Supply Contract within the periods mentioned below. In order to adhere to the cancellation period, it is sufficient to dispatch a respective notice or to return the Products within the cancellation period. The notice or the Products must be sent:
by post to: ITE Support, 8th Floor, Imperial House, 15-19 Kingsway, London WC2B 6UN; or by email at email@example.com.
- Cancellation period. The cancellation period lasts seven working days, whereby Saturdays, Sundays and Austrian public holidays shall not be deemed working days. In the case of contracts concerning the delivery of goods, the period starts with your receipt of the goods, in the case of services on the day of conclusion of the contract. Should we have failed to comply with any of our information obligations set out in § 5d para 1 and 2 Austrian Consumer Protection Act (Konsumentenschutzgesetz), the cancellation period shall be three months, provided, however, that in the case of our provision of the above information within the three-month period the cancellation period shall end seven working days after the provision.
Exceptions from the cancellation right. In particular, in the following cases the consumer has no cancellation right:
contracts about services whose execution shall start within seven days after the contract formation;
contracts about customised goods, goods which are tailored for the personal desires of a customer or goods which are not suitable for return;
contracts about audio or video recording or software, if the delivered item has been unsealed by the consumer;
contracts about the delivery of newspapers, periodicals and similar products, except contracts about cyclic publications.
Rights and obligations in the case of a recall. In the case of a cancellation you have to return the received goods immediately and have to pay reasonable consideration for the use of the goods, including compensation for depreciations connected with such use. You will have to pay the usual costs for the return. In return, and immediately after the receipt of the returned goods or, in the case of services, after receipt of your notice, we will repay the purchase price immediately.
End of the information on the cancellation right for Austrian customers.
2.11 Other refund requests
If you return a Product to us for any reason other than cancellation under section 2.9 above (for instance, because you consider that the Product is defective), we shall examine the returned Product and, where you are entitled to a refund, notify you of such entitlement via email within a reasonable period of time. We shall usually process any such refund due to you as soon as possible and, in any case, within 30 days after the day on which we confirmed to you via email of your entitlement to a refund. We shall refund the price of a defective Product in full, including any applicable delivery charges and any reasonable costs that you incur in returning the Product to us.
We shall usually refund any money received from you using the same method originally used by you to pay for your purchase. For Users resident in New Zealand, we will comply in all respects with our obligations under the Consumer Guarantees Act 1993.
2.12 Import charges and export restrictions
When Products are ordered from the Store for delivery outside the United Kingdom, there may be import duties, taxes or levies imposed when the delivery reaches the specified destination. We have no control over these charges and cannot predict their amount. You are responsible for the payment of any and all such charges. We recommend that you contact your local customs office for further information on what these charges may be before you place your order.
By ordering Products, you warrant and undertake that you are not located in any country, nor will you export any Products to any person or place, to which the United States, the European Union or any European Union member state has embargoed goods.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We shall not be liable for any breach by you of any such laws.
2.13 Written communications
Applicable laws require that some of the information or communications that we send to you should be in writing. By registering as a Registered User and placing orders via the Store, you accept that communication between you and us will be mainly electronic. We shall contact you by email to the email address provided by you when you register as a Registered User or provide you with information by posting notices on the Store. For contractual purposes, you agree to these electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section 2.13 does not affect your rights under applicable laws.
3.1 Limitation of liability
3.1.1 Safety information. YOU ARE STRONGLY ADVISED TO READ AND ADHERE TO THE GUIDANCE AND WARNINGS CONTAINED IN THE SAFETY INFORMATION CONCERNING THE USE OF PRODUCTS. A COPY OF THE SAFETY INFORMATION CAN BE FOUND AS PART OF THE PRODUCT DOCUMENTATION.
3.1.2 For customers resident in any of the Serviced Counties save for Germany, Austria and Portugal:
The limitation of liability set out in this section 3.1.3 applies only if you are a resident of any such country. Subject to section 3.1.2, unless and to the extent only that the following exclusions are incapable of exclusion by applicable law, the Site and all its features (including any Products, the Store or other Services) are used by you at your risk and are provided on an "as is" and "as available" basis without any guarantees, warranties, representations, terms or conditions of any kind (whether express or implied by legislation or operation of law).
To the fullest extent permitted by law:
- we do not guarantee nor do we make any warranties or representations that the Site, the Store or any other Service will be available at all or at any times or that it will be error-free, uninterrupted or secure;
- we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your access of any material posted on it, or on any website linked to it;
- Inside the Edit expressly disclaims all warranties, representations, terms and conditions of any kind (express or implied), including any implied warranties, terms or conditions of merchantability, fitness for purpose, satisfactory quality, title, non-infringement of intellectual property and other third-party rights in relation to the Site or any Products or other Services or activities sold, supplied or otherwise made available on or via the Site;
neither Inside the Edit nor any of its affiliates, licensors, suppliers, successors and assignees or its or their respective officers, employees, agents or contractors (together, the "Inside the Edit Parties" and each, a "Inside the Edit Party") shall be liable to you for any indirect, special or consequential loss that is suffered or incurred by you in connection with the performance (or non-performance) of any Supply Contract (or with your use of, or inability to use, the Site or any Services, any websites linked to it and any materials posted on it), and that falls within any of the following categories:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill; and/or
wasted management or office time;
- no Inside the Edit Party shall be liable for any damage to your equipment or any computer software or system or loss of data that may result from the Streaming, installation and/or use of any third-party material or software via or for use of the Site, nor do we endorse, warrant or guarantee any third-party product or service offered via the Site, nor will we be a party to (or in any way be responsible for monitoring) any transaction between you and third-party providers of products or services; and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User in contravention of our content standards, whether the Service is moderated or not.
Despite the preceding provisions of this section 3.1:
Some states or jurisdictions may not allow the exclusion or limitation of certain warranties or conditions. Where that is the case (and to such extent), the exclusions and limitations of liability in these Terms may not apply to you.
Nothing in these Terms in any way limits our liability to you for: (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; (3) any deliberate repudiatory breaches of these Terms or of any Supply Contract by us; (4) any loss or damage (whether financial or otherwise) that is a direct and foreseeable result of any breach of these Terms or of any Supply Contract on our part; (5) any breach by us of any warranties, terms or conditions implied into these Terms or any Supply Contract by applicable law; and/or (6) any other liability (such as gross negligence or wilful misconduct) to the extent that such liability cannot be excluded or limited under applicable law. NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER UNDER LAW. If you would like information on such rights, you should contact your local trading standards service or citizens' advice bureau.
ONLY FOR CUSTOMERS RESIDENT IN FRANCE:
Despite the above provisions, we shall guarantee any lack of conformity of the Product and any latent defect, as provided for in articles 1641 to 1649 of the French civil code.
Article L. 211-4 of the French consumer code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity that exists on delivery.
It is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if it assumed responsibility therefor or had it carried out under its responsibility.
Article L. 211-5 of the French consumer code
In order to conform to the contract, the product must:
- 1. be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, including advertising and labelling; or
- 2. have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 211-12 of the French consumer code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French civil code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a reduced price for it, had he known of them.
Article 1648 of the French civil code
The action resulting from the defects giving rise to the right to cancellation must be brought by the buyer within a period of two years following the discovery of such defect.
3.1.3 For customers resident in Germany, Austria and Portugal:
The limitation of liability set out in this section 3.2.4 applies only if you are a resident of Germany, Austria or Portugal. We shall only be fully liable for damages if they were caused by grossly negligent or intentional acts by us, our employees, agents and/or officers. In the event of simple negligence, we are fully liable for personal injuries and death. In the event of a breach of contractual obligations caused by simple negligence which the customer could trust not to be breached and which are essential to the performance under these Terms, our liability is limited to the typical foreseeable damages. The liability according to the German, Austrian or Portuguese Product Liability Act remains unaffected. In all other cases of simple negligence, liability is excluded. Where liability is excluded or limited, it shall also be limited or excluded for our employees, agents and officers.
You agree to reimburse each Inside the Edit Party (as defined in section 3.1 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Inside the Edit Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and/or (b) any illegal use of your Account by any person(s).
3.3 Third-party software, links and data
- 3.3.1 Third-party software. We are not responsible for any technical or other issues that may arise if you download and use any third-party software, whether made available via the Site or from an external third-party website.
3.3.2 Links. We are not responsible for any links to external third-party websites or pages of or content contained in or made available via any such third-party website (including links to personal profiles, user groups or videos on social networking or video upload sites) that may be provided on the Site by us or by you or any other User who posts any such link on the Site. Such links do not constitute endorsements by Inside the Edit. We have no control over the content of linked websites and make no warranties or representations about third-party websites or goods or services offered on or via third-party websites.
You may link to the home page of the Site only, as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
- 3.3.3 Third-party data. We are not responsible for any data provided by third-party data feeds available via the Site. We have no control over the content provided by such third-party data feeds and make no warranties or representations about such data or data-feed services.
3.4 Advertising and sponsorship
The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws, codes and regulations. We cannot guarantee that such advertising or sponsorship material will be free of errors or inaccuracies.
3.5 Competitions, prize draws and promotions
We may from time to time run competitions, free prize draws and/or other promotions on the Site. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
3.6 Suspension and termination
We may, at our sole discretion, suspend or terminate the provision of any part of the Site or any Service or restrict your access to it without any prior notice to you and without any further formality where (by way of example and without limitation): (a) we reasonably consider that you are misusing the Services or are otherwise acting in breach of any of the Service Terms; (b) there is a regulatory or statutory change limiting our ability to provide such part of the Site or such Service; and/or (c) any event beyond our reasonable control prevents us from continuing to provide such part of the Site or such Service (for example, without limitation, technical difficulties, capacity problems or communications failures). No such suspension or termination on ground (b) or (c) will affect any entitlement to a refund that you may have under any Supply Contract or under applicable law.
3.7 Events beyond our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Supply Contract that is caused by any event, act, omission or circumstance beyond our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any strike, lock-out or other industrial action (other than by Inside the Edit staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks (including the world wide web) and the acts, decrees, legislation, regulations or restrictions of any government).
Our performance of any Supply Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we shall have an extension of time for performance for the duration of that period. We shall use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Supply Contract may be performed despite the Force Majeure Event. If we are prevented from, or delayed in, performance of any Supply Contract by any Force Majeure Event for a continuous period of more than 30 days, either party may terminate such Supply Contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).
3.8 Changes to these Terms
We reserve the right to make changes to any part of the Site or any Service and/or to these Terms from time to time. We will notify you of any changes to these Terms by posting the modified Terms on the Site (including the date on which these Terms were last modified). If you use the Site after we have posted such changes, you will, by continuing to use the Site, be agreeing to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you should not continue to use the Site.
For each Supply Contract, you will be subject to the version of these Terms in force at the time when you order the relevant Products from us, unless: (a) any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you); or (b) we notify you of any changes to these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted such change, unless you notify us to the contrary in writing within seven working days after your receipt of the Products).
Notices. Except as otherwise specified in these Terms, all notices given by you to us must be given to us at the web or postal address set out in section 3.10 below. We may give notice to you at either the email or postal address that you provide to us when registering as a Registered User or by posting notices on the Site. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or five days after the date of posting of any letter (whichever occurs first). In proving service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Assignability. You may not assign, sub-license or otherwise dispose of any of your rights under these Terms. Without limiting the foregoing, any Supply Contract is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of any Supply Contract (or any of your rights or obligations under it) without our prior written consent.
Entire agreement. These Terms (including all provisions incorporated by reference in these Terms) contain the entire agreement, and supersede any previous agreement (whether oral or written), between Inside the Edit and you in relation to the subject-matter of these Terms, including for the purposes of each Supply Contract. Nothing in these Terms shall limit or exclude any liability for fraud.
Prevalence. Except as otherwise specified in these Terms, in the event of any inconsistency between the provisions set out in these Terms and any other terms and conditions referred to in these Terms, the provisions set out in these Terms shall prevail. For this purpose, however, an omission (whether deliberate or inadvertent) shall not be understood as giving rise to an inconsistency.
No partnership etc. No partnership, joint venture, agency or employment relationship is intended or created by these Terms.
Third-party rights. These Terms are not intended to confer, and do not confer, any rights or remedies on any person other than the parties to these Terms, except that any Inside the Edit Party may enforce any right or remedy expressly conferred on such Inside the Edit Party under these Terms.
Non-waiver. Failure by either party to insist on strict performance of, or to exercise any right or remedy under, these Terms or any Supply Contract shall not constitute a waiver of that right or remedy and shall not relieve the defaulting party from compliance with such party's obligations. A waiver by either party of any default shall not constitute a waiver of any subsequent default. No waiver by either party shall be effective unless it is expressly stated to be a waiver and is notified to the other party in writing in accordance with section 3.10 below.
Severability. If any provision(s) of these Terms or of any Supply Contract is found to be invalid, unlawful or unenforceable by any court or other authority of competent jurisdiction, the remaining provisions will continue to be valid, lawful and enforceable to the fullest extent permitted by law.
Governing law and jurisdiction. Except to the extent otherwise required by applicable law (for example, to give effect to your rights as a consumer under the law of the country in which you are resident), these Terms, each Supply Contract and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the English courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.
3.10 Contact us
If you have any queries concerning any of these Terms, our Products or your order, please contact our support service: at this email firstname.lastname@example.org or by post at Inside the Edit Limited, 8th Floor, Imperial House, 15-19 Kingsway, London WC2B 6UN.
Last modified: 24 March 2014