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1.1 Whatshappeningtome.com (the Site) is operated by Dr Tony Steele-Perkins trading as What's Happening to Me (we and us). Our business address is 27 Old Gloucester Street, London WC1N 3AX, telephone - 0207 419 5037.
1.2 The terms contained in this document (Trading Terms) apply to all transactions for the purchase of products from the Site. Please read these Trading Terms carefully before ordering from the Site. By ordering the product from the Site you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent. [You can print a copy of these Trading Terms by selecting the print option from the "File" menu of your browser.]
1.3 Your use of the Site itself is subject to our website Terms of Use. You should also read our Privacy Policy.
1.4 We reserve the right to change these Trading Terms from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
2.1 You may place an order to purchase the product advertised for sale on the Site by following the onscreen prompts after clicking on the method you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the ["Submit Order"] button on the [checkout] page.
2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 After submitting an order to us, you will be sent an order acknowledgement email. Please note, this email is an acknowledgement and is not an acceptance of your order.
2.4 If your order includes physical products which are not available from stock, we will contact you by email to ask you how you wish to proceed. You will have the option to wait until the physical products are available from stock, amend your order to an electronically delivered product (where applicable) or cancel your order.
2.5 Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being despatched to you (in the case of physical products) or notifying you of your unique access details (in the case of electronically delivered products), unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancellations and returns).
3.1 The prices of products advertised for sale on the Site are as set out on the Site. All prices are in pounds (£) sterling, inclusive of VAT, but exclude delivery charges. Delivery charges, where applicable, are set out in Delivery Information. Delivery charges will be added to the total amount due once you have selected a delivery service from the available options as set out in Delivery Information. [Prices and delivery charges displayed are valid and effective only in the United Kingdom.]
3.2 Prices may change at any time prior to (but not after) acceptance of your order.
3.3 We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards through SagePay.
3.4 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
3.5 In the unlikely event that the price of an item has been incorrectly advertised on the Site, we will contact you by email to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed despatch of your order, we will not be obliged to supply products at the incorrect price.
4.1 Subject to availability, we will use all reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us. We despatch physical products ordered by you as they are available.
4.2 We will deliver physical products directly to the address specified in your order [using first class mail]. We cannot deliver items within the same order to multiple addresses.
4.3 Electronically delivered products made available by download or web-streaming will be made available through our Site.
4.4 Once delivered, the products ordered will become your property (provided they have been paid for in full) and your responsibility and, except in relation to products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
5.1 Except in relation to the products specified in the next paragraph, you may cancel your order (or any part of it) at any stage before the products are delivered to you, and up to 14 days afterwards. You may do so either by notifying us (see How to contact us), giving us your full name, address and order reference or, alternatively, by returning the products, in accordance with the provisions below (see section 5.4). You do not need to give any reason for cancelling your order, but a brief explanation will help us improve the service we offer to customers in the future.
5.2 You may not cancel your order if:
5.2.1 you have taken any audio and/or visual recordings or computer software out of the sealed packaging in which they were delivered to you;
5.2.2 the products have been customised or made to your own specifications; or
5.2.3 you have elected immediately to receive electronically delivered products
unless such products were damaged or faulty when delivered to you or have been incorrectly delivered.
5.3 If you cancel your order, any sum debited by us from your credit/debit card will be refunded in full to the same card. Alternatively, you may ask us to substitute a product, rather than provide you with a refund, but we can only do that if the product you wish to substitute is of equivalent value to the order you are cancelling.
5.4 Where you decide to cancel an order after we have despatched any physical products, you will be under a duty to return them to us, at your own risk and cost. All such products should be returned within 14 days of you cancelling your order (where you choose to cancel by notifying us) and, in any event, no later than 28 days after the products have been delivered to you. Until such time as they are returned, you must retain possession of the products and take reasonable care of them. You should return the products to us as new, in saleable condition, unused and unwrapped from the shrink wrapping in accordance with the following process:
Returns
What's Happening to Me
27 Old Gloucester Street
London WC1N 3AX
Telephone - 0207 419 5037
Our policy on cancellations and returns does not affect your legal rights.
6.1 If any product you purchase is damaged or faulty when delivered to you we may offer a repair, exchange or refund as appropriate, in accordance with your legal rights. If you believe a product is faulty, you should notify us (see How to contact us) to arrange for the return of the product (the cost of postage of which we will refund).
6.2 Our policy on faulty products does not affect your legal rights.
7.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products in the images that appear on the Site. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor's display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.
8.1 If you choose to access the Site from outside the United Kingdom, you are responsible for complying with local laws, if and to the extent that they are applicable. We do not represent or warrant that any product on the Site is appropriate for use or available in locations outside of the United Kingdom, or that it complies with any legal or regulatory requirements of such other locations.
8.2 If you order products for delivery outside the United Kingdom, they may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist. For deliveries outside the United Kingdom, you will be regarded as the importer and it is your responsibility to comply with all laws and regulations of the country in which the products are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities.
9.1 We understand that you may have concerns about security on the internet. The Site uses a secure server in our online ordering process to protect your personal information.
9.2 All payment transactions will be processed on our behalf by SagePay. This means that your credit/debit card details are provided directly to SagePay and are never revealed to us. SagePay operates a secure server to process your payment details. SagePay encrypts your credit/debit card information and authorises payment.
9.3 We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
10.1 Our product is protected by copyright. Unless specifically agreed in writing, the purchase price of each product includes a licence from us to you allowing you to view the product for your own private non-commercial purposes and does not permit you to distribute, show to the public, copy or reproduce the product as a whole or in any substantial part.
10.2 If you require, we can upgrade your licence to cover commercial use for public viewing and/or training purposes. If you are interested in using the products commercially, please contact us by email at info@whatshappeningtome.com stating the use you wish to make of the products. Any commercial use of the products is prohibited until we have agreed the use in writing and you have paid the appropriate commercial usage fee.
11.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
11.2 You are responsible for the use you make of the products you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
11.3 Subject to clause 11.4, our liability to you is limited to the total price of your order of products.
11.4 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
11.5 Nothing in this section or elsewhere in our Trading Terms affects your statutory legal rights.
12.1 Any formal legal notices should be sent to us at the address at the end of these Trading Terms by email and confirmed by post.
12.2 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Trading Terms.
12.3 If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.
12.4 You and we agree that English law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
13.1 Please feel free to contact us in any of the following ways:
14.1 These Trading Terms were last updated on [1st September 2010]