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Terms and Conditions

Conditions of Sale

Introduction

These Conditions of Sale govern the sale of “Digital Goods” by “Snow on the Oaks” to the “Customer”.

1. The Contract

When you purchase “Digital Goods” from “Snow on the Oaks” via any of our “Store” venues you will be required to click the “I Agree” tick box to complete the order. By clicking the “I Agree” tick box you are accepting these terms and conditions of sale. The contract for the purchase of any “Digital Goods” will be between the “Customer” and “Snow on the Oaks” and will only be formed when “Snow on the Oaks” make the “Digital Goods” available for download or provide access to a subscription service, and we have received payment in full for the “Digital Goods”. Until we make the “Digital Goods” available for download or provide access to a subscription service and receive payment in full there is no contract between the “Customer” and “Snow on the Oaks” for the “Digital Goods”. “Snow on the Oaks” reserves the right, at our sole discretion to reject any order we receive. By placing an order with Snow on the Oaks you agree you are:-

  • — legally capable of entering into binding contracts
  • — at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them

2. Cancellation and Refunds

By purchasing “Digital Goods” from “Snow on the Oaks” who are based in the UK the “Customer” if also based in the UK is bound by the UK Consumer Contracts Regulations. By downloading any “Digital Goods” from “Snow on the Oaks” the “Customer” is waiving their rights to the 14 day cooling-off period.

All sales of “Digital Goods” are final. Refunds for any “Digital Goods” sold by “Snow on the Oaks” will only be considered for a refund if any of the following conditions apply:-

  • — The “Digital Goods” were incorrectly described on the “Store”
  • — The “Digital Goods” are proven to be defective

All refunds will only be issued to the transaction ID related to the sale of the “Digital Goods”.

3. Price and Payment

The price of any “Digital Goods” will be as quoted on the “Store” at the then current time, except in the case of obvious error. This price will include legally applicable VAT. The “Customer” agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for “Digital Goods” other than at the then current price. Payment for all “Digital Goods” is processed securely by various third party payment gateway services and will be handled in the currency advertised on the “Store”.

4. Delivery

“Digital Goods” are delivered to the “Customer” by a choice of methods:-

  • — via download to the “Customer”‘s personal desktop computer
  • — via download to the “Customer”‘s personal mobile device, either directly or using our optional free iOS download app if using an Apple device
  • — via transfer to the “Customer”‘s Dropbox account

You hereby agree to download “Digital Goods” for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the “Digital Goods” to anyone else. Nothing in these conditions of sale grants the “Customer” any rights other than those expressly set out herein. These terms do not grant the “Customer” any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any “Digital Goods”. Any breaches of these terms will be pursued to the full extent of the law.

Some “Digital Goods” sold by “Snow on the Oaks” are subject to additional terms of use, for example Production Music is sold under a specific license agreement. There may also be additional terms of use within a downloaded file or provided with the order explaining how a file can or cannot be used. The “Customer” hereby agrees to abide by these additional terms.

5. Customer Requirements

In order for the “Customer” to access the “Digital Goods” the “Customer” is required to have:-

  • — an internet connection
  • — a personal desktop computer or mobile device capable of opening the “Digital Goods”

6. Email Communications

In the process of purchasing “Digital Goods” from “Snow on the Oaks” the “Customer” email address will be subscribed to the “Snow on the Oaks” general email list. “Snow on the Oaks”also passes on the “Customer” email address to its “Author”‘s own email lists if they have asked “Snow on the Oaks” to do this on their behalf. Both subscriptions are opt-in meaning the “Customer” will receive an opt-in email after the sale asking then to opt-in to receive future promotional emails. “Snow on the Oaks” also use the “Customer” email address to issue a one time ‘Order Receipt’ email to upon receipt of a successful order.

General Terms

Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

Severance

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

Entire Agreement

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

Privacy Policy

To protect your privacy we will not distribute any of your details to third parties other than as already described in section 6 of the Conditions of Sale, unless required to do so by law. “Snow on the Oaks” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the “Store”, then you can be assured that it will only be used in accordance with this privacy statement. “Snow on the Oaks” may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

– What we collect and how we use the data

We will collect the following information when you purchase “Digital Goods” from the “Store”:-

  • — Your full name, we use this to identify you in Order Receipt emails and the “Author” may require it to ship a counterpart physical product to you.
  • — Your email address, we use this to communicate to the “Customer”.
  • — Your country of residence, we need this to accurately determine what VAT to apply to your order.
  • — Your address if required to do so for VAT purposes, or if the “Author” requires it to ship a counterpart physical product to you.
  • — Your IP address, this is required for VAT purposes to help establish your country of residence.
  • — Your computer or mobile devices OS and Browser, we use this information to better serve content to Customers.

– Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.

– How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. We use cookies for the following purposes:-

to track items added to the “Customer” shopping cart.