Terms and conditions for the supply of digital content
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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.
1.3 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 products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. 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 based on any statement in this agreement.
Information about us and how to contact us
2.1 Who we are. We are BM Review Ltd, a company registered in England and Wales. Our company registration number is 11395144 and our postal address is PO Box 75377, London, SW11 9LQ, United Kingdom. Our registered VAT number is 302587025.
2.2 How to contact us. You can contact us by telephoning +44(0)7384 112 069 or by writing to us at [email protected] or PO Box 75377, London, SW11 9LQ, United Kingdom.
2.3 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
3.1 How we will accept your order. 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 us. Digital content for downloading or streaming may be delivered to you immediately following your order and, on making your order, you agree to immediate delivery.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. 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 whenever you contact us about your order.
Our rights to make changes
4.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
4.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Providing the products
5.1 When we will provide the products.
(a) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
(b) If the products are a subscription to receive digital content. We will supply the digital content to you until either the subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.
5.2 We are not responsible for delays outside our control. If our supply of the products 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 products you have paid for but not received.
5.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your email address. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 4).
5.5 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 60 days in any 12 month period we will adjust the price so that you do not pay for products while they are suspended.
Your rights to end the contract
6.1 You can end your contract with us in certain circumstances. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract and whether you are a consumer or a business customer:
(a) If you are a consumer and what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product replaced, see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then, for most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4 When consumers don’t have the right to change your mind. You do not have a right as a consumer to change your mind in respect of digital products after you have started to download or stream these.
6.5 How long do consumers have to change my mind? If you are a consumer how long you have depends on what you have ordered and how it is delivered. Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, you will not have a right to change your mind.
How to end the contract with us (including if you are a consumer who has changed their mind)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +44(0)7384 112 069 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form [INSERT LINK TO ONLINE FORM] on our website.
(c) By post. Print off the form [INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if we become aware that the product has been transferred by you without our consent. If we end the contract in this situation, we will retain any monies you paid for the product as reasonable compensation for the costs we will incur as a result of your breaking the contract.
8.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected] or PO Box 75377, London, SW11 9LQ, United Kingdom
Your rights in respect of defective products if you are a consumer
10.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) If your product is digital content, for example data or a subscription to a digital newsletter, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you’re entitled to a repair or a replacement.
c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 6.3.
Price and payment
11.1 Where to find the price for the product. The price of the product plus VAT will be indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the product you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products 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.
11.3 When you must pay and how you must pay. We accept payment by credit and debit card. For digital content, you must pay for the products before you download them.
11.4 What to do if you think an invoice is wrong. 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
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.
12.2 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Our responsibility for loss or damage suffered by you if you are a business
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Subject to any legal requirements, 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.
How we may use your personal information
Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. The product is supplied for the named beneficiary only and should not be forwarded or transferred without our prior consent in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 We are the owner and licensee of all intellectual property rights in the products. Where relevant, the products are protected by copyright laws and treaties around the world. All such rights are reserved.
15.5 If a court finds part of this contract illegal, the rest will continue in force. 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.
15.6 Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.7 Which laws apply to this contract and where you may bring legal proceedings. These conditions are governed by and construed in accordance with the laws of England and Wales. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
If you are not a consumer, or you reside outside the EU, then you agree that the courts of England and Wales will have exclusive jurisdiction.
Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To: BM Review Ltd, PO Box 75377, London, SW11 9LQ, UK (e-mail: [email protected])
I hereby give notice that I cancel my contract of sale of the following goods:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):