Terms & Conditions

Last updated: February 2020

Welcome to Presette!

1. Introduction

1. 1. The following definitions apply to these terms & conditions (”Terms”):

“Preset(s)” means any digital products or services sold and delivered by us to you via the Website

1. 1. A “person” includes a natural person, corporate or unincorporated body.
   2. A reference to “writing” or “written” includes email.
   3. Unless the context otherwise requires, words in the singular include the plural and vice versa. 
   4. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
   5. A reference to a law is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
   6. The words “include” and “including” (or similar) shall be deemed to have the words “without limitation” after them.
   7. These Terms govern your use of the Website and the sale of Presets by us. Please read these Terms carefully.
   8. Our privacy policy sets out how we use data relating to you and it forms part of these Terms. Our privacy policy can be found at www.presette.com.
   9. You warrant and represent that you are of a legal age in your jurisdiction to form a binding contract, but in any event at least sixteen (16) years old. Children under the age of sixteen (16) are not permitted to access or use the Website. If you are between sixteen (16) and eighteen (18) years old, you must review these Terms with your parent or guardian, have him/her accept it on your behalf, as well as approve your use of the Website.

• Your Account

1. 1. 1. You need to create an account (“Account”) in order to purchase Presets on the Website.
      2. You acknowledge and agree to:
         1. provide accurate and complete Account and login information; 
         2. keep all Account login details and passwords secure at all times; 
         3. remain solely responsible and liable for the activity that occurs in connection with your Account; and
         4. promptly notify us in writing if you become aware of any unauthorised access or use of your Account. 
      3. You agree that you will not use your Account:
         1. in any way that may lead to the encouragement, procurement or carrying out of any criminal activity or for any other unlawful purpose;
         2. in any way that interrupts, damages, impairs or renders the Website;
         3. for any purpose other than your personal, non-commercial use;
         4. to transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or which may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
         5. to advertise or promote third party or your own products or services, including (but not limited to) by way of the distribution of ‘spam’ email;
         6. to transfer files that contain viruses, trojans or other harmful or malicious programs and/or software; or
         7. to share access with others, access or attempt to access the accounts of other users or to penetrate or tamper with or attempt to penetrate or tamper with the Website and/or security measures protecting the Website.
      4. We reserve the right to suspend, restrict or cancel your access to your Account at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions contained in these Terms.
      5. You may cancel your Account at any time by using the tools that we make available on the Website or by sending a cancellation request to us at [insert email] in which case we will use commercially reasonable efforts to respond within a reasonable time.
      6. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
      7. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
   2. Our Contract With You
      1. When you purchase Presets on the Website, you will be required to accept these Terms and make your payment.
      2. A legally binding contract is formed between you and us when we have received your payment in full for the Presets and made the Presets available for download.
      3. We reserve the right, at our sole discretion, to reject any order we receive. If we do so, you will be given a full refund within 14 days using the same payment method used to make your purchase.

• Price And Payment

1. 1. 1. The price of Presets, which includes VAT, will be indicated on the Website at the then current time. We take reasonable care to ensure that prices on the Website are correct.
      2. It is always possible that, despite our best efforts, some of the Presets on the Website may be incorrectly priced. We will normally check prices before accepting your order so that, where a Preset’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 Preset’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.
      3. Payment for all Presets is processed securely by various third party payment gateway services and will be handled in the currency advertised on the Website.

• Promotion

1. 1. 1. We may from time to time issue (directly or through a third party) promotional codes, coupon codes or voucher numbers (“Promotion”) for use in connection with purchases on the Website.
      2. When redeeming a Promotion, you need to make sure that you enter it accurately where indicated on the Website.
      3. A Promotion may not be used in conjunction with any other current or past Promotions or offers provided by us on the Website.
      4. Any use of a Promotion will be subject to these Terms and also to any terms specific to the Promotion in question. In the event of a conflict between these Terms and the terms of a Promotion, the terms of the Promotion will apply.

• Cancellation And Refund

1. 1. If you change your mind, and you are a consumer, you can cancel any purchase of Presets within 14 days by letting us know, for example by completing and sending us a cancellation form to info@presette.com. You can access the cancellation form here [LINK TO FORM AT THE END OF THIS DOCUMENT]. If you start downloading a Preset, you will lose this right to cancel.
   2. Nothing in these Terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk.
   3. Here is a summary of your legal rights under the Consumer Rights Act 2015. Digital content, such as a Preset, must be as described, fit for purpose and of satisfactory quality:

1. 1. 1. 1. 1. if your digital content is faulty, you are entitled to a repair or a replacement;
            2. if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; or
            3. if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

• Intellectual Property Rights

1. 1. 1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
      2. Presets remain the property of us and our licensors. Presets are licensed, not sold, to you. When you purchase a Preset, you purchase a personal, non-exclusive, non-transferrable licence to use Presets for your own purposes, subject to your compliance with these Terms.
      3. Use of Presets may be subject to certain minimum hardware, software, operating system and other requirements. Those requirements will be made available to you before you make a purchase.
      4. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
      5. If you print off, copy or download any part of the Website in breach of these Terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

• Restrictions

You agree not to:

1. 1. 1. use Presets for commercial use;
      2. copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer Presets;
      3. modify, translate, patch, alter, change or create any derivative works of the Presets or the Website;
      4. reverse engineer, decompile or disassemble the Website or any components thereof;
      5. use any robot, spider, scraper, or other automated means to access the Website for any purpose;
      6. circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Website;
      7. remove, deface, obscure, or alter any copyright notices, trademarks, or other proprietary rights affixed to or provided as part of Presets and/or the Website; or
      8. use the Website to develop a competing service or product.

• Third-Party Content

Presets may be subject to open source and/or pass-through commercial licences and/or notices (“Third Party Terms and Notices”), and to the extent of any conflict between these Terms and any Third Party Terms and Notices, the latter shall apply. Customer shall comply with any applicable Third-Party Software Terms and Notices.

1. Information On The Website
   1. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
   2. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
2. Websites We Link To

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

1. User-Generated Content
   1. The Website may include information, comments and materials uploaded by users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by users on the Website do not represent our views or values.
   2. If you wish to complain about information and materials uploaded by other users please contact us.
2. Linking To The Website
   1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
   2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
   3. You must not establish a link to the Website in any website that is not owned by you.
   4. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
   5. We reserve the right to withdraw linking permission without notice.
3. Our Responsibility For Loss Or Damage
   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 us breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
   2. To the maximum extent permissible by applicable law, our total aggregate liability to you in connection with these Terms howsoever arising in contract, negligence or otherwise, shall be limited to the total amount actually received by us from you in the 12 month period preceding the date on which the relevant claim arose.
   3. 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, for fraud or fraudulent misrepresentation or anything else which may not be excluded or limited by applicable law.
   4. If defective digital content that 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 that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
   5. We are not liable for business losses. We only supply Presets for domestic and private use. If you use Presets 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.
4. How We May Use Your Information

Our privacy policy sets out how we use data relating to you. Our privacy policy can be found on the Website at [insert link].

1. Other Important Terms
   1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
   2. Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce these Terms.
   3. If a court finds part of these Terms 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.
   4. Even if we delay in enforcing these Terms, we can still enforce them 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 these Terms, 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. 
   5. These Terms constitute the whole agreement between the parties and supersede any previous agreement between them.
   6. Which laws apply to this contract and where you may bring legal proceedings. 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. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
   7. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
2. Information About How To Contact Us
   1. We are Lou Teasdale Ltd a company incorporated and registered in England and Wales with company number [insert] whose registered office is at [insert].
   2. You can contact us by email at info@presette.co.uk.

CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

The form should be addressed to Lou Teasdale Ltd, at C/O Gbp Associates, 6th Floor Aviation House, Kingsway, London, England, WC2B 6NH or by email to info@presette.co.uk.

Dear Sirs,

I hereby give notice that I cancel my contract for the following products or services ordered on [date].

Products or services:

My Name:

My Address:

(If you are returning this form on paper, please also sign and date it)