TERMS OF SALE
Aubergine Legal's Terms of Sale for Online Content
1. Background
1.1 These Terms of Sale outline how We sell or provide Content (templates, videos, webinars, guidance sheets and free downloads) to business customers on www.auberginelegal.co.uk (‘Our Site’). Please read them carefully before purchasing.
1.2 By ordering, you are entering into a contract for the purchase of Content, as outlined in clause 6, and therefore agree to these terms. If you don’t accept them, you won’t be able to buy or access Content on Our Site.
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2. Who are We?
2.1 Throughout these terms, we’ll refer to Aubergine Legal Limited (a company registered in England under 10943073, with a registered address of Mill House, Liphook Road, Haslemere, United Kingdom, GU27 3QEas) as ‘We, Us’ or ‘Our’.
2.2 You can contact Us by emailing auberginelegal@outlook.com.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Use of Our Site is subject to Our Website Terms & Conditions: https://www.auberginelegal.co.uk/website-terms-conditions Please ensure that you have read them carefully and that you understand them.
3.4 The Content is provided 'as is' without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
4. Business Customers
4.1 These Terms of Sale apply only to business customers and not to individuals purchasing Content for personal use.
4.2 These Terms of Sale are the entire agreement between Us regarding your Content purchase. You agree that you have not relied on any statements or promises outside of these terms and cannot claim for misrepresentation.
5. Content and Pricing
5.1 The details of the Content and its corresponding price will be set out on the relevant shop page on Our Site.
5.2 Prices on Our Site are shown inclusive of VAT.
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6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through purchasing Content. Before completing your order, you can review and amend it. Please check your order carefully before submitting.
6.2 If you provide incorrect or incomplete information, contact Us as soon as possible. If We can't process your order due to this, We’ll ask you to correct it. If you don’t provide the required details within a reasonable time, We’ll cancel your order. We’re not responsible for delays caused by incorrect information.
6.3 Our Site does not make a binding offer. Your order is an offer which We may accept at Our discretion. A legally binding contract is formed only when We send you a confirmation email.
6.4 Order confirmations (Our acceptance and confirmation of your purchase of a one-off piece of Content) shall contain the following information:
6.4.1 Confirmation of the Content ordered; and
6.4.2 Fully itemised pricing for your Content including, where appropriate, taxes.
7. The Order Process
7.1 Once you order Content from Our shop, you will be redirected to Our order confirmation page, where you will be provided with an order number. You will also be presented with a Download button, which allows you to download the product straight away.
7.2 Upon ordering the Content, you will also receive an email confirmation with the download link provided. This email will also contain the order details and the purchase price.
7.3 Once the link is received, it is valid for 30 days. If the Content you have purchased contains more than one document, this will be sent to you in a ZIP file, which can be unzipped by right clicking and selecting "Export" to a folder of your choice on your device.
7.4 In the rare instance that you experience a delay receiving this email, or do not receive the email at all, please contact Us at auberginelegal@outlook.com, so We can manually re-send the download link as soon as possible. Please ensure you have checked your junk folder before doing so.
7.5 Please note, it is your responsibility to ensure the link is accessed prior to it becoming invalid.
8. Payment
8.1 Payment for Content must be made in advance via Our Site. Your chosen payment method will be charged when We process your order and send you an Order confirmation.
8.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
8.3 We accept debit and credit card payments which will be processed by Wix, who are our website providers.
8.4 If you believe that We have charged you an incorrect amount, please contact Us at auberginelegal@outlook.com as soon as reasonably possible to let Us know.
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9 Content Updates
9.1 When you purchase Content from Our Site, you receive lifetime access to the specific version available at the time of purchase. However, this does not include access to future updates, revisions, or new versions of the product unless stated otherwise. If you wish to access updated versions, they may be available for purchase separately.
9.2 You are able to sign up to Our newsletter on Our Site to keep up to date with new and updated Content on Our shop, so you can stay up to date.
10 Refunds
10.1 Under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, you acknowledge and agree that:
a) By purchasing a Digital Product and accessing it via download, you consent to waive your statutory right to a 14-day cooling-off period.
b) As digital Content is provided immediately upon purchase, all sales are final, and refunds or returns are not permitted.
10.2 If you are unhappy with the Content purchased, please reach out via auberginelegal@outlook.com so We can resolve this.
11 Licence
11.1 Upon purchase of Content from Our Site, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Content solely for your internal business purposes. This licence is strictly limited to your personal or your company's internal use and does not confer any ownership rights to the Content.
11.2 You are expressly prohibited from copying, modifying, adapting, translating, publishing, renting, leasing, selling, sublicensing, assigning, distributing, or otherwise making available the Content to any third party. Any attempt to do so without Our prior written consent is a breach of this licence and may result in the termination of your access to the Content without refund and potential legal action.
11.3 You may not make any derivative works based on the Content or use it in any manner that constitutes an infringement of Our intellectual property rights or those of any third-party licensors. This includes, but is not limited to, making visual or audio recordings, or any form of reverse engineering
11.4 This licence shall remain in effect until terminated. We reserve the right to terminate this licence immediately and without notice if you breach any of these terms. Upon termination, you must cease all use of the Content and destroy any copies in your possession.
11.5 The provisions of this licence shall survive the termination of the contract and continue in full force and effect.
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12 Our Liability
12.1 Subject to sub-Clause 12.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
12.2 Subject to sub-Clause 12.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by you under the contract in question.
12.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
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13 Disclaimers
13.1 The Content available for download on Our Site does not in any way constitute legal advice and Aubergine Legal is not providing you with specific legal advice, nor acting for you as your solicitor. The Content is provided for guidance only and you should analyse the specifics of your business and determine whether the Content reflects your business set-up.
13.2 If you need specific legal advice please get in touch with Us and We will be able to guide you according to how your business is set up and run, for which an additional fee will be agreed with you.
13.3 Our Content is prepared in accordance with English law only and may not be relevant to other legal jurisdictions. You should seek local legal advice if you are providing workshop services from or to another jurisdiction.
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14 Data Protection
14.1 ‘Data Protection Legislation’ means all UK data protection and privacy laws in force, including the UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 (as amended).
14.2 We will collect, process, and store personal data in line with all applicable UK data protection legislation.
14.3 For full details on Our handling of personal data, including purposes, legal bases, your rights, and data sharing, please see Our Privacy Policy here: https://www.auberginelegal.co.uk/privacy-policy and Cookie Policy here: https://www.auberginelegal.co.uk/cookiepolicy
15 Other Important Terms
15.1 We may transfer Our rights and obligations under these Terms (e.g., if We sell Our business). If this happens, We’ll inform you in writing, and your rights won’t be affected. The new owner will be bound by these Terms.
15.2 You cannot transfer your rights or obligations under these Terms without Our written consent.
15.3 This Contract is between you and Us. No third party has any rights to enforce it.
15.4 If any part of these Terms is found invalid or unenforceable, the rest will still apply.
15.5 If We delay or choose not to enforce a right under these Terms, it doesn’t mean We waive it or future breaches.
15.6 We may update these Terms due to legal or regulatory changes and will give you reasonable notice if We do.
15.7 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law, and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.