TERMS & CONDITIONS FOR THE ONLINE SHOP ETERNESS www.eterness.co.uk

I. General provisions

1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop www.eterness.co.uk .

2. The Shop is operated by Seller – KIWIORS TRADING COMPANY LIMITED, company number 08777938, 53 Eley Drive, Rottingdean, BN2 7FG, contact@eterness.co.uk .

3. These Terms and Conditions are always available at the website www.eterness.co.uk which allows to download, display and record their contents by printing or saving them to a data carrier at any time.

4. Before proceeding with an order, you will be required to show that you have read and understood the following terms and conditions.

5. You are responsible for obtaining Internet access and a compatible, Internet-connected device to purchase our programs. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

6. The Seller informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, e.g. Antivirus.

7. The Seller does not represent that the Services or content is appropriate or available for use in all jurisdiction or countries. You are responsible for compliance with all applicable laws pertaining to your use and access to the services in your jurisdiction.

8. The Customer is obliged to:

a) provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Customer and promptly update the data;

b) use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customers;

c) use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.

9. The Customer undertakes that the Services will not be:

a) sold, rented, lent or otherwise disposed of, made available, including the use of open sources or used for a purpose other than that indicated in the Terms and
Conditions, regardless of a paid or free nature of their use, 

b) copied, transferred,

c) modified (including by introducing their improvements), split, decrypted, transformed in any way.

10. The Seller acknowledges that 100% availability of the Services is not technically feasible. However, we will make every effort to ensure that the website and services are available in the most permanent way possible.

11. The Seller makes no warranties or representations of any kind, express, statutory or implied as to the availability of telecommunication services from provider or access to the services at any time or from any location or any loss or damage connected with the services.

II. Technical Requirements

1. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Opera, enabling cookies and JavaScript in the web browser, some standard software to read PDF files.

2. An active Internet connection is required to run and properly operate the Online Shop.. The Seller is not a data transmission service provider. The costs of data transmission required to download, install, run and use the Online Shop and Services are covered by its Users on their own on the basis of agreements concluded with telecommunications operators or another Internet provider. The Seller is not responsible for the amount of fees charged for the use of data transmission necessary to use the Services. The Seller recommends the Customers to use the Application or operating system functions consisting in measuring the transmitted data.

III. Electronic services in the online shop

1. The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week.

2. The Seller provides the following Electronic Services:

a) Account

b) Newsletter

c) Enabling Customers to place orders and conclude Sale Agreements under the terms specified in these Terms;

3. Using the Account is possible after completing jointly and severally the following steps by the Customer:

– Completing the registration form and accepting the provisions of these Regulations,

– Clicking on the “Register” box.

4. The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”.

5. The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, includes receiving by the Customers who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including in particular information about their current offer, promotions, discounts and marketing campaigns,

6. The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.

7. The Agreement for the provision of service which involves enabling Customer to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Customer earlier terminates placing the Order through it.

8. The Seller may at any time terminate the Service Agreement with the Customer giving a 14 day notice period for important reasons, understood as a change in the laws governing the provision of electronic services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Customer and the Seller, or a change of the scope or provision of services to which the provisions of the Terms and Conditions apply.

9. If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 day notice.

IV. Account

1. After registering an Account, the Customer may log into the Online Shop by providing the e-mail address and password indicated during registration.

2. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself in your account. Registration data and personal information about you are governed by our Privacy Policy.

3. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account.

V. Orders

1. The Seller enables the Customer to place an Order through the Online Shop, 24/7.

2. Information about the Products as provided on the Service websites, as well as prices constitute an invitation to conclusion of an Agreement.

3. All orders for our digital products are subject to availability.

4. Orders can be placed by Internet users, who have correctly filled in registration form. Orders can be placed also without registration form. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude and execute the Sales Agreement.

5. As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory. Providing the personal data marked obligatory is voluntary, yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order.

6. The order form should include the Customer’s first name, last name, company name, country/region, street address, phone number and email address.

7. To place an Order for our products an active electronic mail account is required.

8. The Customer sends the Order by means of the Online Shop functionality provided for that purpose with an obligation to pay. If the Customer does not have an Account, it is required to accept the Terms and Conditions.

9. Online Shop will begin order completion after the Order is successfully placed and payment due for the Order is made.

10. The sales Agreement shall be concluded in English.

11. When you purchase a product via our Website you provide us with your permission to supply you with the means to access the digital products you have purchased immediately (you can download training programs in pdf in your account).

12. When purchasing a product you are buying a non-exclusive licence to use the product, upon terms specified by the Seller and ownership of the product remains with the Seller. Unless described otherwise by the Seller you must not copy, modify or re-produce a non-original version of the product you purchase, or loan, lease, sell or distribute the product.

VI. Price/ Payment

1. The price payable for the Products shall be as shown on our site in GBP.

2. The prices shown are inclusive of any value added tax or sales tax. Due to circumstances beyond our control, prices may have to be altered up or down, including any alterations to the rate of value added tax or sales tax. The current price will be shown when you place your order.

3. We may change the price of our Products from time to time and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring fees.

4. The Customer may choose the following payment methods:

a) online payment with credit or debit cards– PayPal/Stripe

b) bank transfer – for details please check Payments section on our website www.eterness.co.uk .

5. If you purchase any products through our Shop, you will be required to provide us information regarding your credit or debit card. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument.

6. Online payments are processed by Stripe Payments Europe, Ltd., a company incorporated in Ireland and with offices at 1 Grand Canal Street Lower, Grand Canal
Dock, Dublin.

7. Online payments are processed by PayPal, ( PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Etage, 22-24 Boulevard Royal, 2449 Luxembourg ).

8. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.

9. When making a payment via an electronic payment operator, the Customer should follow the instructions given by the operator of electronic payments in order to make a payment.

10. The customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically. The invoice sent to the customer uses the information he entered in his customer account. The customer can edit this data each time he places an order through the website.

VII. Your right to cancel -digital products (if you are consumer)

1. Under a contract for the supply of digital content not on a tangible medium, the trader(seller) must not begin supply of the digital content before the end of the
cancellation period (14 days) unless (a)the consumer has given express consent, and (b)the consumer has acknowledged that the right to cancel the contract will be lost.

2. The consumer ceases to have the right to cancel such a contract before the end of the cancellation period, supply of the digital content has begun after the consumer has given the consent and acknowledgement (The Consumer Contracts Regulations 2013).

3. So if you are a consumer, please note that you waive your right to a refund under The Consumer Contracts Regulations 2013 if you access an online product or download a downloadable product (training programs in pdf).

4. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

VIII. Complaints procedure

1. The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.

2. Complaints should be sent to the following address : contact@eterness.co.uk .

3. If any Product you order is damaged or faulty when delivered to you, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

4. The complaints submitted to the Seller shall be replied within a period of 14 days after the date of receipt.

5. In the unlikely event that our Customer Relations team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may also refer your complaint to RetailADR (previously ‘The Retail Ombudsman’), which is a certified Alternative Dispute Resolution provider. RetailADR, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP, Email: enquiries@cdrl.org.uk – Web: www.retailadr.org.uk , Tel: 0203 540 8063 .

IX. Your rights in respect of defective products (digital products)

1. If your products are digital content, for example: software and application, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) if your digital content is faulty, you’re entitled to a repair or a replacement.

b) 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.

c) 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.

2. So If your digital product is defective please notify us within 30 days of receiving the defective product and we will supply you (at our option) with a replacement or a refund.

X. Virus

1. We cannot guarantee that our website will be secure or free from bugs or viruses. You should use your own virus protection software.

2. You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.

3. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your registration and right to use our Services will cease immediately.

XI. Our responsibility for loss or damage suffered by you

1. We are responsible to you for foreseeable loss and damage caused by us 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.

2. We are not liable for business losses. 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.

3. Nothing in these terms and conditions shall limit or exclude our liability to you:

a) for death or personal injury caused by our negligence;

b) for fraudulent misrepresentation;

c) for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;

d) under Part I of the Consumer Protection Act 1987; or

e) for any other liability that, by law, may not be limited or excluded.

4. We will be not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

XII. Final provisions

1. All content on the www.eterness.co.uk website including, without limitation, logos, registered trademarks, text, photographs, images, drawings, models or charts, is protected by UK, European, and International intellectual property laws. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder.

2. Users agree that all access and use of this Website www.eterness.co.uk and its content is at their own risk. The Seller shall not be liable in any manner for any direct or indirect damages arising out of access to the Website or downloading content including images, text, or video files.

3. Our agreement with you is based upon English law and the laws applicable to this agreement are the laws of England and Wales.

4. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

5. A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

6. If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.

7. The Seller reserves the right to modify these terms and conditions. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

20.10.2022

Appendix 1: Standard Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement on e-mail)
………………………………………………………………………………………………………….
– I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products:
[specification of the product]*
…………………………………………………………………………………..
the performance of the following service [specification of the service]*
……………………………………………………………………………..
– Ordered on*/received on* [date of ordering the services or receiving products with number]*
…………………………………………………………………………………………….
– [Consumer’s name]
………………………………………………………………………………………………
– [Consumer’s address]
…………………………………………………………………………………………………
– [Consumer’s signature] (only when this form is submitted on paper)
…………………………………………………………………………………..

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