ANA VARGAS
Online terms and conditions for the
sale of digital products
We are so delighted you have decided to place an order with us! Please read the following important terms and
conditions before you buy anything on our website.
Summary of some of your key rights:
By law, the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you
certain key information before a legally binding contract between you and us is
made (see below). We will give you this information in a clear and
understandable way. Some of this information is likely to be obvious from the
context. Some of this information is also set out in this contract, such as
information on our complaint handling policy.
The Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013 say that up to 14 days a]er receiving your products,
in most cases, you can change your mind and get a full refund – see the section
on the ‘Cooling Off Period’ below but please
note that once you have started streaming or downloading the product you will
lose your right to cancel.
The Consumer Rights Act 2015 says products must be as
described, fit for purpose and of satisfactory quality. During the expected
lifespan of your product, you're entitled to the following: up to 30 days, if
your products are faulty, then you can get a refund;
The information in this summary box summarises some of your
key rights. It is not intended to replace the contract below which you should
read carefully.
This
contract sets out:
•
your
legal rights and responsibilities.
•
our
legal rights and responsibilities; and
•
certain
key information required by law.
In this
contract:
•
‘We’,
‘us’ or ‘our’ means Ana Vargas ; and
•
‘You’
or ‘your’ means the person using our site to buy products from us.
If you
would like to talk to us about any aspect of this contract, please contact us
by:
email at hello@anavargascarballo.com
Who are we?
I am a sole
trader and my trading address is 22 Rue des Primevères 8035 Strassen, Luxembourg.
1. Introduction
1.1. If you buy products on our site
you agree to be legally bound by this contract.
1.2. When buying any products you also agree to be
legally bound by:
1.2.1 our
website terms and conditions and any documents referred to in them;
1.2.2 specific terms which apply to certain
products. If you want to see these specific terms, please visit the relevant
webpage for the products.
The above
documents form part of this contract as though set out in full here.
2. Your
privacy and personal informa/on
2.1. Your privacy
and personal information are important to us. Any personal information that you
provide to us will be dealt with in line with our Privacy Policy, which
explains what personal information we collect from you, how and why we collect,
store, use and share such information, your rights in relation to your personal
information and how to contact us and supervisory authorities if you have a
query or complaint about the use of your personal information.
2.2 Our Privacy
Policy is available here Privacy Policy
3. Ordering
products from us
3.1. Below, we set out how a legally binding
contract between you and us is made.
3.2. You place an order on the site by filling in
our order form and clicking on the ‘buy now’ button.
3.2.1 When you place your order at the end
of the online checkout process by clicking on the buy now bufon,
we will acknowledge it by email. This acknowledgement does mean that your order
has been accepted, see below.
3.2.2 We
may contact you to say that we do not accept your order. This is typically for
the following reasons:
(a)
the
products are unavailable;
(b)
we
cannot authorise your payment; or
(c)
there
has been a mistake on the pricing or description of the products.
3.2.3 We will only accept your order when
we email you to confirm this. At this point a legally binding contract will be
in place between you and us.
3.3. If you are under the age of 18 you may not buy
any products from the site.
4.
Right to cancel this contract.
4.1.
If
you change your mind about your purchase of digital products made from our
website, you may be able to cancel your order and request a refund, however,
your right to do so will depend on whether you have begun downloading or
streaming the content.
4.2.
You
may not cancel your purchase of digital products once you have started
downloading or streaming them unless the content is faulty.
4.3.
If
you are a consumer and you have not
started to download or stream the products you have the right to cancel this
contract within 14 days of placing your order without giving any reason.
4.4.
The
cancellation period will expire 14 days after the date you placed
your order.
4.5.
To
exercise the right to cancel, you must inform us of your decision to cancel
this contract by a clear written statement (eg a letter
sent by post or email).
4.6.
To
meet the cancellation deadline, you need to send your communication concerning
your exercise of the right to cancel before the cancellation period has
expired.
5. Effects of cancellation
5.1. If you cancel this contract, we will reimburse
to you all payments received from you.
5.2. We will make
the reimbursement without undue delay, and not later than 14 days after the day
on which we are informed about your decision to cancel this contract.
5.3. We will make
the reimbursement using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event, you will
not incur any fees as a result of the reimbursement.
6. Delivery
6.1. If the product
is a one-off purchase of digital content, we will make the digital content
available for download within 48 hours.
6.2. If the product
is to be delivered in instalments we shall supply the
digital content to you as specified in the product description.
6.3. If something happens which:
6.3.1 is outside of our control; and
6.3.2 affects
the estimated date of delivery; we will let you have a revised estimated date
for delivery of the products.
6.4. Unless you and we agree otherwise, if we
cannot deliver your products within [90] days, we will:
6.3.3 let you know;
6.3.4 cancel your order; and
6.3.5 give you a refund.
7. Payment
7.1. We
accept payment by Stripe and Paypal.
7.2. We will do all
that we reasonably can to ensure that all of the
information you give us when paying for the products is secure by using an
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
or breach by us of our duties under applicable laws we will not be legally
responsible to you for any loss that you may suffer if a third party gains
unauthorised access to any information that you give us.
7.3. The price of the products includes VAT at the
applicable rate.
8. Nature
of the products
8.1. The Consumer
Rights Act 2015 gives you certain legal rights (also known as ‘statutory
rights’), for example, the products:
8.1.1
are
of satisfactory quality;
8.1.2
are
fit for purpose;
8.1.3
match
the description.
8.2. While we try
to make sure that the colours of our products are displayed accurately on the
site, the actual colours that you see on your compute, mobile phone or other
device may vary depending on the monitor that you use.
8.3. If we can’t
supply certain products we may need to substitute them
with alternative products of equal or befer standard
and value. In this case:
8.3.1 we
will let you know if we intend to do this but this may
not always be possible; and
8.3.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a
replacement and let you know how long such an offer remains open for.
8.4. We may discontinue or modify products at any time
without prior notice.
9. Faulty
products
9.1. Your legal
rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’),
are set out at the top of this contract. They are a summary of your key rights.
For more detailed information on your rights and what you should expect from
suppliers of products, you can find out more from Citizens Advice on their
website www.citizensadvice.uk .
9.2. Nothing in
this contract affects your legal rights under the Consumer Rights Act 2015. You
may also have other rights under common law.
9.3. Please contact
us using the contact details at the top of this page within 7 days, if the
products we supply are faulty and you wish to discuss with us the possibility
of:
9.3.1
us
repairing the products;
9.3.2
us
replacing the products;
9.3.3
a
price reduction; or
9.3.4
a
refund.
10. End
of the contract
If this
contract is ended it will not affect our right to receive any money which you
owe to us under this contract.
11. Limit
on our responsibility to you
11.1. Except for any
legal responsibility that we cannot exclude in law (such as for death or
personal injury) or arising under applicable laws relating to the protection of
your personal information, we are not legally responsible for:
11.1.1. losses that:
(a)
were not foreseeable to you and us when the contract was formed; or
(b)
that
were not caused by any breach on our part;
11.1.2. business losses; and
11.1.3. losses to non-consumers.
12. Entire
Agreement
These terms
constitute the entire agreement between us in relation to your purchase. You
acknowledge that you have not relied on any statement, promise, assurance or warranty 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.
13. Disputes
13.1. We will try to resolve any disputes with you
quickly and efficiently.
13.2. If you are unhappy with:
13.2.1. the products;
13.2.2. our service to you; or
13.2.3. any other mater; please contact us as soon as
possible.
13.3. If you and we
cannot resolve a dispute using our internal complaint handling procedure, and
either of us want to take court proceedings, the relevant courts of England and
Wales will have exclusive jurisdiction in relation to this contract.
13.4. The laws of England and Wales will apply to
this contract.
© All Rights reserved Ana Vargas - 2024