I agree to be bound by these terms, the details of which are below. IN BRIEF, I agree to waive my right to a refund, and that I will not resell, or adapt and resell, any of the contents for business use or personal profit.

TERMS AND CONDITIONS FOR THE SALE AND USE OF
DIGITAL PRODUCTS, SERVICES AND DOWNLOADS


1. These terms

1.1 These are the terms and conditions on which we supply digital products to you, whether these are digital downloads, services, digital content or any goods directly associated with a digital product we supply.

1.2 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.

2. Information about us and how to contact us

2.1 We are Marianne Rosen a sole trader established in England and Wales. Our address is Marianne Rosen, Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA.

2.2 You can contact us by writing to us at Marianne Rosen, Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA or by emailing us at marianne@mariannerosen.com

2.3 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 When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 Our acceptance of your order will take place when you complete the purchase and receive confirmation from us of your purchase, which may be a basket confirmation only if you decline an email confirmation during purchase, at which point a contract will come into existence between you and us.

3.2 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 the product is out of stock, 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 and have temporarily removed it from our platform, or because we are unable to meet a delivery deadline you have specified.

3.3 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.


4. Our products

4.1 The images of the products on our website and third-party platforms are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 The way in which our products and services will be delivered to you will be set out in the sales particulars of the product and made clear to you before you complete your purchase. This will include:

4.2.1 How and when the product or services will be delivered to you, whether this is an Immediate Access Download or a Set Start Date of Delivery.

4.2.2 The format that the product or services will be delivered to you in. It is your responsibility to make sure you can access the format stated. We exclude any liability for any damages arising from your inability to use our digital products as a result of their format.

4.2.3 The software you will need to access the product or services. Our digital products and services are designed to be compatible with the software and devices recommended, but we are not responsible for their compatibility. Our suggestions only cover the issue specified and may not apply to later issues of our products or services. For any direct, indirect, consequential, or incidental damages arising as a result of your attempting to use our products with incompatible software, we limit our liability to the fee paid at the time of purchase.

4.2.4 The Terms and Conditions of Sale and Usage, as set out in these terms, unless specifically otherwise different in the sales particulars and clearly identified as differing to these standard T&C’s of Sale and Usage.

4.2.5 Any time limit on your access to those products or services.

4.2.6 Any promotional offer available that adjusts the standard price of those products or services and who is entitled to this promotional offer. We waive any obligation to honour a promotion after the time limit has lapsed or if you do not meet the requirements for the promotional offer.

4.2.7 The issue number of the product you are purchasing the licence to. Your purchase does not entitle you to any updated version of the product made available by us at a later date.

4.3 You are purchasing a license to use the product or services for personal use only. All legal intellectual property copyrights to the product or services remain the property of Marianne Rosen. All rights are reserved. No part of this work may be reprinted, reproduced or used without the permission in writing of the publisher.

4.4 You may not copy or redistribute, either for a fee or free of charge, the material contained within our products and services. You may not pass the products or services, in part or in whole, to a third party.

4.5 You purchase the license as a download that you may store on your own computer and that you may print for your own completion of the product or service.

4.6 You may not use the products or services for any commercial purposes, either in part or in whole, whether relabelled or repackaged. Even if used with accreditation for the source material. Even if used without remuneration within a commercial plan.

4.7 You may not alter, republish, or reuse for the purpose of marketing, even with accreditation for the source material, unless specifically agreed in writing with Marianne Rosen in advance. Said marketing cannot be used to benefit your business without a written agreement in place with Marianne Rosen.

5. Your rights to make changes

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).

6. Our rights to make changes

6.1 We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.2 In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

6.3 We may make updates to the product at any time. Your purchase does not entitle you to an updated version of the product if you have already received the product. If you have paid for and accessed online services or subscription products, you will receive the version of the product that you paid for, not the current product.

7. Providing the products

7.1 The costs of delivery will be as displayed to you on our website or on our third-party sales platforms.

7.2 During the order process we will let you know when and how we will provide the products to you.

7.2.1 We will begin the services on the date agreed with you during the order process. Either IMMEDIATE or SET DATE OF DELIVERY.

7.2.2 We will provide the product according to the format agreed with you during the order process.

7.2.3 We will recommend the software you need to use for the format of the digital product during the order process. If you try to access the format without the recommended software and cannot access the product, we cannot accept liability for your failure to access the product.

7.2.4 If the products are ongoing services or a subscription to receive digital content, we will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract as described in clause 10.

7.2.5 If any part of the subscription service is not made available to you or cancelled, you are entitled to a refund of your fee proportionate to the amount of the product you have not received (see clause 7.9.1)

7.3 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.

7.4 You have legal rights if we deliver any products or services late. If we miss the delivery deadline for any products, then you may treat the contract as at an end straight away if any of the following apply:

7.8.1 We have refused to deliver the products;

7.8.2 Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.8.3 You told us before we accepted your order that delivery within the delivery deadline was essential.

7.5 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.4, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.6 If you do choose to treat the contract as at an end for late delivery under clause 7.4 or clause 7.5, you can cancel your order for any of the part-products that have not been delivered. After that we will refund any sums you have paid to us for the cancelled products and their delivery. Under the terms of this agreement, you have waived your rights to a refund for any digital products already received. Please email us at marianne@mariannerosen.com to claim any refund you are entitled to for non-delivery of products or services.

7.7 We may need certain information from you so that we can supply the products to you. If so, 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 (and clause 10.2 will apply) 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.

7.8 We may have to suspend the supply of a product to:

7.14.1 Deal with technical problems or make minor technical changes;

7.14.2 Update the product to reflect changes in relevant laws and regulatory requirements;

7.14.3 Make changes to the product as requested by you or notified by us to you (see clause 6.2) or as a new version of the product (see clause 6.3) which we do not have to notify you of.

7.9 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 a subscription service product for longer than 3 months you may contact us to end the contract for a product and we will refund any sums you have paid in advance for any part of the product you have not yet received in respect of the period after you end the contract.

7.9.1 You will be paid for any unreceived material on a subscription service in equal proportion to the full amount of the fee you paid, divided equally by the total number of modules of the course. You will only receive a refund for the modules you will not receive as a result of our suspending the product or service. Modules refer to any number of clearly labelled separate components of the course, including the introduction and conclusion. This does not apply to subscription services with an immediate download delivery. See clause 8.5.2.

7.10 If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

8. Your rights to end the contract

8.1 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:

8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this will be subject to the nature of the product you purchased and its delivery to you;

8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 If you are ending a contract for a reason set out at (1) to (5) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

8.2.1 We have told you about an upcoming change to the product you purchased or these terms which you do not agree to (see clause 6.2 and 6.3);

8.2.2 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;

8.2.3 There is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.4 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 3 months; or

8.2.5 You have a legal right to end the contract because of something we have done wrong.

8.3 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, as follows:

8.4 You do not have a right to change your mind in respect of:

8.4.1 Items made to your specifications or which are clearly personalised;

8.4.2 Services or subscription products, once these have been completed, even if the cancellation period is still running;

8.4.3 Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and

8.4.4 Any products which become mixed inseparably with other items after their delivery.

8.4.5 You purchased any products that were clearly labelled in their delivery format and you do not have the capacity to access these formats. You are responsible for checking that you are able to access the format and have the recommended software needed to access their format before you purchase the products or services.

8.5 How long you have depends on what you have ordered and how it is delivered.

8.5.1 If you have bought digital downloads, services or digital subscription services which have a set start date of delivery, you have 14 days after the day our contract begins (see clause 3.1). However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, even if the period is still running, you must pay us for the services provided up until the time you tell us that you have changed your mind. You will be refunded proportionately for the services you have not received according to clause 7.9.1

8.5.2 If you bought digital content for immediate download delivery, and you agreed to this when ordering an item specifically labelled as immediate download by accepting our terms and conditions for purchase of that download, you agree, by acceptance of these terms of sale and usage, to waive your right to change your mind and accordingly waive any right to a refund, either in part or in whole. This is whether you have or have not accessed your download. This includes any subscription services which have an immediate download start of delivery and whose complete material is available at the point of download. You will only receive a refund for any portion of those services that is made available to you at a set date of delivery.

8.6 Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums as applicable under clauses 8.5.1 and 8.5.2.

9. How to end the contract with us (including if you have changed your mind)

9.1 To end the contract with us, please let us know by:

9.1.1 Email us at marianne@mariannrosen.com Please provide your name, details of the order and, where available, your phone number and email address.


9.1.2 By post: Write to us at Marianne Rosen, Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA, including details of what you bought, when you ordered or received it and your name and email address.

9.2 If you end the contract for any reason after physical goods associated with your digital products have been dispatched to you or you have received them, you must return them to us. If any part of your purchase included physical goods, you must post them back to us at Marianne Rosen, Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA. You are liable for the costs of posting. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3 We will pay the costs of return:

9.3.1 If the products are faulty or misdescribed;

9.3.2 If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

9.3.3 If you are exercising your right to change your mind within the cooling off period.

In all other circumstances, you must pay the costs of return.

9.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 If you are exercising your right to change your mind:

9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling of them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.6.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

9.7.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

9.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1 We may end the contract for a product at any time by writing to you if:

10.1.1 You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

10.1.2 You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

10.1.3 You do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

10.1.4 You do not, within a reasonable time, allow us access to your premises to supply the services.

10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 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 2 weeks 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.

11. If there is a problem with the product

11.1 If you have any questions or complaints about the product, please contact us. You can email us at marianne@mariannerosen.com or write to us at Marianne Rosen, Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA.

11.2 If you wish to exercise your legal rights to reject any aspect of our products that is a physical goods and not up to the advertised standard, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.

12. Price and payment

12.1 The price of the product (and any VAT costs) will be the price set out in the Order or our acceptance of it. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products or services provided to you.

12.4 We accept payment with Credit and Debit cards via our Stripe payment processor or via Paypal. The full range of payment options will be made available to you at checkout and is subject to change. We cannot offer a payment method that is advertised in an outdated part of our website or payment processor if it is no longer available to us. When you must pay depends on what product you are buying:

12.4.1 For immediate delivery downloads, you must pay the price in full at checkout.

12.4.2 For any products labelled as free, you will not be charged at the point of sale, even though you may need to add your personal details to access the product at checkout.

12.4.2 For subscription services, your payment options will be shown at the point of checkout. This may include partial payments, including deposits and scheduled payments. Your options, including in advance or in arrears, and due dates, will be clearly shown on the payment portal. These payment options are not available without reservation to all customers and may be changed by us in accordance with any promotions linked to third party apps.

12.4.3 Any promotions will only be offered strictly by the terms stated. If you miss the terms stated, including terms and start/end date of promotion, the full price of the product will be charged or the product will not be made available to you.

12.5 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Starling bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 If you think an invoice is wrong please contact us promptly to let us know.

13. Our responsibility for loss or damage suffered by you

13.1 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.

13.2 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 and for defective products under the Consumer Protection Act 1987.

13.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.4 We provide no warranties or guarantees, either expressed or implied, as to the outcome of our products or services. Our products and services are sold on an ‘as is’ basis, the results of which cannot be guaranteed as they pertain to each individual using them. We cannot guarantee the effectiveness of our products or any outcomes or results they may have for our customers. Our total liability to you will be limited to not more than the full price you paid for the product.

13.5 We provide no warranties, guarantees or liabilities as to the information in our products as a result of errors or inaccuracies supplied to us by third parties during the creation of those products.


14. How we may use your personal information

14.1 We will only use your personal information as set out in our privacy policy: Privacy Policy

14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

15. Other important terms

15.1 We may transfer our rights and obligations under these terms to another organisation.

15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 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.

15.5 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.

15.6 These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

15.7 Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Dispute Resolution Ombudsman Limited either through their website at DRO or via email at info@disputeresolutionombudsman.org DRO does not charge you, the consumer, for making a complaint and if you are not satisfied with the outcome you can still go to court.