Terms and Conditions
These terms and conditions were last updated on 12th May 2018.
1. Introduction
1.1 These terms & conditions set out the terms between you the customer and us the website owner.
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept with these terms & conditions in full.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before proceeding to payment.
2.2 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
2.3 Any information you provide to Behaviour Solutions Limited will be held in accordance with the General Data Protection Regulation (https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/).
2.4 If you subscribe to our mailing list, we will only use this information to contact you about the latest news and offers from Behaviour Solutions Limited. We use MailChimp as our marketing automation platform. By subscribing you acknowledge that the information you provide will be transferred to MailChimp for processing in accordance with their Privacy Policy (https://mailchimp.com/legal/privacy/) and Terms (https://mailchimp.com/legal/terms/)
2.5 By purchasing a product on our website, we will use the information you provide to process your order, and for no other reason. We use Shopify as our online platform. By placing an order you are agreeing to your information being processed by Shopify in accordance with their terms of service (https://www.shopify.com/legal/terms) and Privacy Policy (https://www.shopify.com/legal/privacy).
2.6 If you choose to pay via PayPal, you are agreeing for the information you provide to be processed by PayPal in accordance to their User Agreement (https://www.paypal.com/ie/webapps/mpp/ua/useragreement-full) and Privacy Policy (https://www.paypal.com/en/webapps/mpp/ua/privacy-full).
2.7 If you choose to pay via ApplePay, you are agreeing for the information you provide to be processed by Apple Pay in accordance to their Privacy Policy (https://www.apple.com/privacy/).
2.8 This website uses cookies to ensure you get the best experience on our website. Please visit our website provider, Shopify, for further information (https://www.shopify.co.uk/legal/cookies).
3. Digital Goods
3.1 Digital products are available for download from our website immediately after purchase, and once payment has cleared. If you are paying via paypal, payment clearance is usually instantaneous.
3.2 An email containing the receipt and download details is automatically generated and sent as soon as a purchase is made. If you do not receive this email within five minutes please check your spam/junk folders and then contact us stating the product you have purchased together with your full name and the email you used when making the purchase.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
4.2 We reserve the right to alter all product pricing without notice.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.3 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control.
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email, fax or letter) to be received within 30 days from the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped and when this is removed can only be returned if they are defective. Please ensure that the product matches your requirements before you purchase. We provide an excerpt from a selection of books on the product description page to help you with this.
7.5 Please observe the following procedure for all returns of physical products to us:
7.5.1 On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
7.5.2 If you are returning your product because it is defective, please state the defect or defects.
7.5.3 You are responsible for paying any postage or shipping costs incurred when returning the product.
7.5.4 We will not issue refunds for any items lost or stolen in transit to us.Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
7.5.5 Unused products may be returned promptly by customers to our address listed at the end of these terms and conditions.
7.5.6 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
7.5.7 We will also refund the cost of standard postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
7.6 Please observe that no refunds are available on digital products
7.6.1 The purchase of digital products (defined as e-books, cds, and dvds, webinars other multimedia products) is a final purchase which means that no refunds can be issued for any reason, except where our software is found to have been defective.
7.6.2 Please ensure that the digital product matches your requirements before you purchase. We provide an excerpt from each book on the product description page to help you with this. If you are unsure about any digital product you should ask us before you make your purchase.
7.6.4 A refund will be made only if there has been an error on our part or if the product software is found to be damaged or defective. This policy is in line with consumer protection for online digital products.
8. Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
9. Licence
9.1 We grant you a licence to access the content, information and services contained within our website for personal use only.
9.2 This licence allows you to download and cache (using your browser) individual pages from our website.
9.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
9.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
9.5 Our website cannot be placed within the frame-set of another site.
9.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
9.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
10. Copyright
10.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise. The website (including it’s layout and theme) is powered by Shopify.
10.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
11. Limitations and Exclusions of Liability
11.1 Behaviour Solutions does not accept liability for any losses or damages resulting from use of this site, or the products on offer from Behaviour Solutions.
11.2 Where content and information is provided on the website without charge we exclude all liability for such content and information.
11.3 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
11.4 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
12. Variation
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
13. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
14. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
15. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
16. Jurisdiction
These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
With thanks to Rob Plevin and Behaviour Needs for help in compiling these terms and conditions.
Our contact details are as follows
Behaviour Solutions Limited
15 St Marys Close
Abbotskerswell
Newton Abbot
Devon
TQ12 5QF
Telephone / Fax
From within the UK: 01626 366161
International: +44 1626 366161
Email: dave@behaviourmatters.com
Behaviour Solutions Limited is a company registered in England and Wales (UK Ltd Company registration number: 4753717).