Terms and Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply digital content (the "Product") to you through our website at https://www.longvieweconomics.com (the "Website").
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:-
- You are an individual; and
- You are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation.
2. Information about us and how to contact us
2.1 Who we are. We are Longview Economics Limited. Our company registration number is 05000218 and our registered office is at 8 - 10 South Street, Epsom, Surrey KT19 7PF. Our registered VAT number is 830399129.
2.2 How to contact us. You can contact us by sending an email to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to acknowledge it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product.
4. Our rights to make changes
4.1 Minor changes to the Products. We may change the Product to reflect changes in relevant laws and regulatory requirements.
4.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5. Restrictions on use of the Products
5.1 You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the Product in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the Product, except as part of the normal use of the Product;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Product; and
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Product nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Product to obtain the information necessary to create an independent program that can be operated with another program provided that the information obtained by you during such activities is not used to create any software that is substantially similar in its expression to the Product.
5.2 All intellectual property rights in the Product throughout the world belong to us (or our licensors) and the rights in the Product are licensed (not sold) to you. You have no intellectual property rights in, or to, the Product other than the right to use them in accordance with these terms. You must not infringe our intellectual property rights or those of any third party in relation to your use of the Product.
6. Providing the Products
6.1 When we will provide the Products. We will make the digital content available for download by you as soon as we accept your order and will supply the digital content to you until you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
6.2 We are not responsible for delays outside our control. If our supply of the Product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Product you have paid for but not received.
6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product as notified by us to you (see clause 4).
6.5 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 14 days we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product replaced or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; and
(c) If you are a consumer and have just changed your mind about the Product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Product which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Product may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of the Products after you have started to download or stream these.
7.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. If you have bought digital content for download or streaming, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
8. How to end the contract with us (including if you are a consumer who has changed their mind).
8.1 Tell us you want to end the contract. To end the contract with us, please email us at email@example.com. Please provide your name, details of the order, your phone number and email address in your email.
8.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Product, by the method you used for payment.
8.3 When your refund will be made. If you are a consumer exercising your right to change your mind then we will make any refunds due to within 14 days of your telling us you have changed your mind. If you are a business we will refund you as soon as practicably possible.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
10. If there is a problem with the Product
11. How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can send an email to us at firstname.lastname@example.org.
12. Your rights in respect of defective products if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you're entitled to a repair or a replacement.
b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
See also clause 7.3.
13. Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery any Products shall:
(a) conform in all material respects with their description; and
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
13.2 Subject to clause 12.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a Product does not comply with clause 12.1; and
(b) we are given a reasonable opportunity of examining such Product;
14. we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.
14.1 We will not be liable for a Product's failure to comply with clause 12.1 if:
(a) you make any further use of such Product after giving a notice in accordance with clause 12.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;
(c) you alter or repair the Product without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
14.2 Except as provided in this clause 12, we shall have no liability to you in respect of a Product's failure to comply with clause 12.1.
14.3 These terms shall apply to any repaired or replacement Products supplied by us under clause 12.2.
15. Price and payment
15.1 Where to find the price for the product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the Product you order.
15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
15.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product'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 Product'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.
15.4 When you must pay and how you must pay. Acceptable payment methods are listed on the order page of our Website. For digital content, you must pay for the Product before you download it.
15.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
16. Our responsibility for loss or damage suffered by you if you are a consumer
16.1 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 our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 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 or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 11.1; and for defective products under the Consumer Protection Act 1987.
16.3 When we are liable for damage caused by defective digital content. If defective digital content which 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 which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16.4 We are not liable for business losses. If you are a consumer we only supply the Product for to you for domestic and private use. If you use the Product for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
17. Our responsibility for loss or damage suffered by you if you are a business
17.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.2 Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
17.3 Subject to clause 15.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £1,000.
18. How we may use your personal information
19. Other important terms
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19.2 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.
19.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 If a court finds part of this contract 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.
19.5 Even if we delay in enforcing this contract, we can still enforce it 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 this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the Product, we can still require you to make the payment at a later date.
19.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Product in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the Product in either the Scottish or the English and Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Product in either the Northern Irish or the English and Welsh courts.
19.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.