The following terms and conditions (Terms and Conditions) govern your use of this web site, and any content made available from or through AWESEMthemes.com.
The Site are owned and operated by AWESEM Limited (AWESEM or we or us):
Portland House, Bressenden Place
London, SW1E 5RS
AWESEM Limited is registered in England and Wales.
Company No. 05591779 and VAT registration no. 948 4144 02
Your use of, and access to, the Sites indicates your acceptance of these Terms and Conditions:
If you buy a Product, you do so on the following terms:
You acknowledge and agree that despite AWESEM’s reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, AWESEM reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, AWESEM will immediately arrange for any payment to be refunded.
Due to the digital nature of the Products offered for sale at the Sites, we maintain a “no refunds” policy for Products which can be downloaded by the Buyers. A Buyer may make a claim for refund in writing if a Product has not been downloaded yet. The deadline for a Buyer making any refund claim is 7 calendar days after purchase and this claim must be made to AWESEM Limited by Email to [email protected] We will verify the validity of the claim before a refund is approved.
This page (together with the documents referred to on it) tells you the Terms and Conditions on which we supply any of the products (Products) listed our website AWESEMTHEMES.com (our site) to you. Please read these Terms and Conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions. In addition, please also refer to our pricing and licensing information.
Please note that these Terms and Conditions do not cover items sold by third parties. Our WordPress themes for example are sold by ThemeForest.net and are therefore covered by ThemeForest’s Terms & Conditions. The Terms and Conditions on this page apply to the Products sold directly on this website only (e.g. Compare + WordPress Plugin).
You should print a copy of these Terms and Conditions for future reference.
Please tick the check-box “I accept the Terms and Conditions” on our order page before placing your order. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from our site.
1.1 AWESEMTHEMES.com is a site operated by AWESEM LIMITED (we). We are registered in England and Wales under company number 05591779 and with our registered office at Portland House, Bressenden Place, London, SW1E 5RS, United Kingdom. Our VAT number is GB 948 4144 02.
Some restrictions are placed on the extent to which we accept orders from specific countries. Please visit our Country restrictions page.
All documentation, communication and support is made available in English.
By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding Contracts;
3.1.2 You are at least 18 years old;
3.1.3 You are resident in one of the Serviced Countries; and
4.1 After paying via PayPal, you will receive an e-mail from us acknowledging that we have received your order. We will confirm such acceptance to you by sending you an e-mail that confirms the AWESEM Product Purchase Code [AWESEM Product Purchase Code Confirmation] which you will need to download the product. The Contract between us (Contract) will only be formed when we send you the AWESEM Product Purchase Code Confirmation.
4.2 The Contract will relate only to those Products whose purchase we have confirmed in the AWESEM Product Purchase Code Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal Contract is between you and that third party seller, and is subject to the Terms and Conditions of that third party seller, which they will advise you of directly. You should carefully review their Terms and Conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the AWESEM Product Purchase Code.
Please note that you will only receive a full refund from us if you have NOT yet downloaded the product using the AWESEM Product Purchase Code. As soon as you apply the code and download the product, we will NOT be able to give a refund!
6.2 To cancel a Contract, you must inform us in writing.
Our products can be downloaded using the AWESEM Product Purchase Code you received in your order confirmation. You will receive this by e-mail shortly after paying for the Products via Paypal.
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT (if applicable). All EU consumers and non-registered EU businesses will be charged VAT. All VAT-registered EU businesses, non-EU businesses and non-EU consumers will not be charged VAT.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an AWESEM Product Purchase Code.
9.4 Our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by PayPal (https://www.paypal.com).
10.1 If you informed us in writing to cancel the Contract between us within the seven-day cooling-off period and you have NOT yet downloaded the product using your AWESEM Product Purchase Code (see clause 6.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full.
10.1.2 For any other reason, we will not be able to provide a refund.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.
11.3 This does not include or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation; or
11.3.4 For any deliberate breaches of these Terms by us that would entitle you to terminate the Contract between us.
11.3.5 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the Contract between us, including but not limited to:
11.4.1 loss of income or revenue
11.4.2 loss of business
11.4.3 loss of profits or Contracts
11.4.4 loss of anticipated savings
11.4.5 loss of data, or
11.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of Contract or otherwise, even if foreseeable;
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the Terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 11.4.
11.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s Terms and Conditions.
12.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to AWESEM LIMITED at Portland House, Bressenden Place, London, SW1E 5RS, United Kingdom or via e-mail to [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
19.3 We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
20.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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