Mint Blue Consulting Ltd
Terms and Conditions of Supply
Our terms
- These terms
- These are the terms and conditions on which we supply downloadable products including, without limitation, online training courses, project-related guides and templates (the “Product”) to you.
- Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Product 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.
- Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- you are an individual.
- you are buying the Product from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Information about us and how to contact us
- Who we are. We are Mint Blue Consulting Ltd a company registered in England and Wales. Our company registration number is 11103906 and our registered office is at Milton House, Gatehouse Road, Aylesbury, Buckinghamshire HP19 8AE. Our registered VAT number is 312069045.
- How to contact us. You can contact us by writing to us at [email protected].
- How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- Ordering
- When you place an order for a Product please read and check your order carefully before submitting it. Before placing an order please check that you can download the Product from your computer/device.
- When you place your order, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
- We may contact you to say that we do not accept your order. This is typically for the following reasons:
- the Product is unavailable;
- we cannot authorise your payment;
- you are not allowed to buy the Product from us;
- we are not allowed to sell the Product to you; or
- there has been a mistake on the pricing or description of the Product.
If we are unable to accept your order, we will inform you of this and will not charge you for the Product.
- 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 Mint Blue Consulting Ltd and the Product will be available for download.
- 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 if you contact us about your order.
- Providing the Product
- We will make the Product available for download by you as soon as we receive payment of your order.
- If our supply of a Product 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 Product you have paid for but not received.
- We may have to suspend the supply of a Product to:
- deal with technical problems or make minor technical changes;
- update the Product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the Product.
- When you buy a Product and download it you will not own the Product. Instead, we give you permission to use the Product (also known as a ‘licence’) for the purpose of you using the Product according to this contract.
- The Product:
- is personal to you. You can use it wherever you want in the world but only if you comply with local laws; and
- is non-exclusive to you. We may supply the same of similar to other users.
- The Product may not be:
- copied by you except for a reasonable number of necessary back-ups;
- changed by you;
- combined or merged with or used in any other document; or
- distributed or sold by you to any third party.
- You must not conceal, change or remove any markings which show who owns a Product such as copyright ©, registered trademark ® or unregistered trademark ™ markings.
- Except where you have permission to use the Product under this contract, you will not obtain any rights of ownership or other rights (of whatever nature) in any Product ordered by you or in any copies of it.
- When we supply a Product:
- we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
- e do not promise that it is compatible with any third-party software or equipment except where we have said that it is on our website; and
- you acknowledge that there may be minor errors or bugs in it.
- No right to cancel / Faulty Products
- When you place an order, you will be asked to tick a box to confirm that you consent for the download of the digital content to start immediately after you pay for your order by clicking the “Buy Now” button and that you acknowledge that this means you lose your right to cancel.
- This means that you do not have the right to cancel this contract once the automatic download of the Product starts and are not entitled to a refund unless the Product is faulty. If you are a consumer, by clicking the “Buy Now” button you consent to the immediate supply of the Product and acknowledge that you lose your right to cancel the contract once the automatic download of the Product has started.
- This does not affect your rights you have if the Product is faulty as set out below.
- In respect of any Product which is faulty, please contact us and tell us if you want:
- us to replace any Product ordered by you; or
- to reject the Product and get a refund.
- If you are entitled to a refund under these terms, we will refund you the price you paid for the Product by the method you used for payment. However, we may make deductions from the price, as described below.
- We will make any refunds due to you as soon as possible.
- If there is a problem with the Product
If you have any questions or complaints about the Product, please contact us. You can write to us at [email protected].
- Warranty
- If you are a business customer, we warrant that on delivery the Product shall:
- conform in all material respects with its description;
- be free from material defects in design, material and workmanship; and
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
- We will not be liable for any failure to comply with the warranty in clause 1 if:
- you make any further use of the Product after giving us notice of any failure to comply; or
- you alter the Product without our written consent.
- If you are a business customer, we warrant that on delivery the Product shall:
7.4 Except as provided in this clause 7, we shall have no liability to you in respect of any failure to comply with the warranty set out in clause 7.1.
- These terms shall apply to any replacement Product(s) supplied by us.
- Price and payment
- The price of each Product (which includes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of each Product advised to you is correct. However please see clause 8.3 for what happens if we discover an error in the price of any Product you order.
- The price of each Product is in pounds sterling (£) (GBP).
- It is always possible that, despite our best efforts, some of the Product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- We accept payment via Stripe or, if selected by you, we will invoice you for the price. If you pay by Stripe the Product will be available to download via a link on receipt of payment. If you opt to pay by invoice, we will send you an invoice after you place your order and the Product will be sent to you on settlement of the invoice.
- We will do all that we reasonably can to ensure that all the information you give us when paying for a Product is secure by using encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 11 below) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you suffer if a third party gains unauthorised access to any information that you give us.
- If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you if you are a consumer
- 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.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
- If you are a consumer, we only supply the Products to you for domestic and private use. If you use the Products for any commercial purpose our liability to you will be limited as set out in clause 10.
- Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you under this contract.
- How we may use your personal information
We will only use your personal information as set out in our https://mintblueconsulting.co.uk/privacy-policy/.
- Other important terms
- We may transfer our rights and obligations under these terms to another organisation.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- 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.
- 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.
- These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
- If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.