Terms of Sale

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Digital Content is sold by Us to consumers through this website, https://studio650.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Digital Content. You will be required to read and accept these Terms of Sale when ordering a Digital Content. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Digital Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

1. Contract: means a contract for the purchase of a Digital Content, as explained in Clause 6;
2. Paid Content: means the Digital Content or Digital Downloads sold by Us through Our Site;
3. Purchase Confirmation: means our acceptance and confirmation of your purchase of a Digital Content;
4. Purchase ID: means the reference number for your Digital Content; and
5. We/Us/Our: Gael Parfaite Studio650.com

2. Information About Us

Our Site, https://studio650.com, is owned and operated by Gael Parfaite sole trader, whose registered address is 67 River Gardens Walk, London, SE10 0AU, United Kingdom.

3. Age Restrictions

Consumers may only purchase Digital Content and access Paid Content through Our Site if they are at least 18 years of age.

4. Business Customers

These Terms of Sale do not apply to customers purchasing Digital Content and accessing Paid Content in the course of business.

5. Paid Content, Pricing and Availability

1. We make all reasonable efforts to ensure that all descriptions of Digital Contents and Paid Content available from Us correspond to the actual Digital Content and Paid Content that you will receive.
2. Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies. Please refer to Clause 10 if your Digital Content or the Paid Content is incorrect.
3. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
4. In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform you at least 30 days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 12.1.
5. Where any updates are made to Digital Content, that Digital Content will continue to match Our description of it as provided to you before you purchased it. Please note that this does not prevent Us from enhancing the Digital Content, thereby going beyond the original description.
6. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.11 regarding VAT, however).
7. All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Digital Content at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 10 working days, We will treat your order as cancelled and notify you of this in writing.
8. If the price of a Digital Content that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
9. All prices on Our Site include VAT when applicable. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6. Orders – How Contracts Are Formed

1. Our Site will guide you through the process of purchasing a Digital Content. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
3. No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Digital Content constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Purchase Confirmation by email. Only once We have sent you a Purchase Confirmation will there be a legally binding Contract between Us and you.
4. Subscription Confirmations shall contain the following information:
   1. Confirmation of the Digital Content ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
   2. Fully itemised pricing for your Digital Content including, where appropriate, taxes, and other additional charges;
   3. Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 11.1;
5. In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 10 working days.
6. Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 10 working days of the day on which the event triggering the refund occurs.
7. Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your working days.

7. Payment

1. Payment for Digital Content must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Purchase Confirmation (this usually occurs immediately and you will be shown a message confirming your payment).
2. We accept the following methods of payment on Our Site:
   • Credit Cards;
   • PayPal;
3. If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. For more information, please refer to sub-Clause 8.5. We may cancel the Contract.
4. If you believe that We have charged you an incorrect amount, please contact Us at sales@studio650.com as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.

8. Provision of Paid Content

1. Paid Content appropriate to your purchase will be available to you immediately when We send you a purchase Confirmation.
2. When you place an order for a Digital Content, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see sub-Clause 11.1 for more information.
3. In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
   1. To fix technical problems or to make necessary minor technical changes;
   2. To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
   3. To make more significant changes to the Paid Content, as described above in sub-Clause 5.5.
4. If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.3, We will inform you of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). If the suspension lasts (or We tell you that it is going to last) for more than 5 working days, you may end the Contract as described below in sub-Clause 12.2.
5. We may suspend provision of the Paid Content if We do not receive payment on time from you. We may suspend provision of the Paid Content until We have received all outstanding sums due from you. If We do suspend provision of the Paid Content, We will inform you of the suspension.
6. Any refunds under this Clause 8 will be issued to you as soon as possible, and in any event within 10 working days of the day on which the event triggering the refund occurs.
7. Refunds under this Clause 8 will be made using the same payment method that you used when purchasing your Digital Content.

9. Licence

1. When you purchase a Digital Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
2. The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions: You may not rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

10. Problems with the Paid Content

1. By law, We must provide Digital Content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
   1. If the Paid Content has faults, you will be entitled to a repair or a replacement.
   2. If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
2. Please note that We will not be liable under this Clause 10 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem; if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
3. If there is a problem with any Paid Content, please contact Us at support@studio650.com or visit the contact page on Our Site https://studio650.com/contact to inform our customer services department of the problem.
4. Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 10 working days of the day on which We agree that you are entitled to the refund.
5. Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Digital Content.
6. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Cancelling Your Paid Content

1. If you are a consumer, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Purchase Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 10 working days after the date of Our Purchase Confirmation, whichever occurs first.
2. If you purchase a Digital Content by mistake, please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content We will be able to cancel the Paid Content and issue a full refund. If you have accessed any Paid Content, We will not be able to offer any refund and you will continue to have access to the Paid Content for the next 10 working days.
3. If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation by email at support@studio650.com or by using our online contact form https://studio650.com/contact. Cancellation by email is effective from the date on which you send Us your message.
4. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
5. Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 10 working days of the day on which you inform Us that you wish to cancel.
6. Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription.

12. Your Other Rights to End the Contract

1. You may end the Contract at any time if We have informed you of a forthcoming change to your Digital Content (as described in sub-Clauses 5.3 or 5.5), or to these Terms of Sale that you do not agree to.
2. If We have suspended availability of the Paid Content for more than 10 working days, or We have informed you that We are going to suspend availability for more than 10 working days, you may end the Contract immediately, as described in sub-Clause 8.4. If you end the Contract for this reason, We will issue you with a refund.
3. If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately. If you end the Contract for this reason, We will issue you with a refund.
4. If We inform you of an error in the price or description of your Digital Content or the Paid Content and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a refund.
5. You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
6. Refunds under this Clause 12 will be made within 10 working days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
7. If you wish to exercise your right to cancel under this Clause 12, you may use the contact form on our website https://studio650.com/contact

13. Our Liability to Consumers

1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
2. Our Paid Content is intended for non-commercial use only unless stated otherwise. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
3. If, as a result of Our failure to exercise reasonable care and skill, any Digital Content (including but not limited to Paid Content) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation. Please note that We will not be liable under this provision if:
1. We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
2. The damage has been caused by your own failure to follow Our instructions; or
3. Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Digital Content.
4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
5. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

14. Contacting Us

If you wish to contact Us with general questions or complaints, for matters relating the Paid Content or For matters relating to cancellations you may contact Us by email at support@studio650.com, or our using our online contact form https://studio650.com/contact.

15. Complaints and Feedback

1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
2. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
   1. In writing, addressed to Gael Parfaite Studio650.com, 67 River Gardens Walk, London SE10 0UA, United Kingdom;
   2. By email, addressed to Gael Parfaite at administrator@studio650.com;
   3. Using Our contact form, https://studio650.com/contact

16. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy, available from https://studio650.com/privacy

17. Other Important Terms

1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
2. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
3. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
4. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
5. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).

18. Law and Jurisdiction

1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.