Terms of Sale

 1. Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

2. Interpretation

In these terms of sale, “we” means Themeover (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

3. Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart (ii) you must confirm your consent to these terms of sale; (iii) you must click the “Go  To Checkout” button to proceed to the checkout; (iv) you must login to your Themeover account or create a new account and accept our membership agreement; (v) you will be transferred to the PayPal website, and PayPal will handle your payment; (vi) you will then be guided to a “Thank You” page where you can download your digital products (vii) you will receive email confirmation of your order from PayPal and an email from us which will contain your download links as an additional means for you to download your products.

We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing the items in your cart.  You may correct those input errors before placing your order by removing items from your cart and then re-adding the correct items.

4. The products

All products that can be purchased from our website are digital products to be used with the web publishing platform “WordPress”. Microthemer is a premium plugin for WordPress that can be purchased from our website. See https://themeover.com/microthemer/ for a product description.

Design packs are alternative designs for WordPress themes or plugins in the form of a zip package containing computer code and possibly images. A general description of design packs can be found at this address: https://themeover.com/design-packs-skins-scaffolds/.

5. Price and payment

Prices for products are quoted on our website.  The website may contain a large number of products and it is always possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.

Payment must be made upon the submission of your order.  We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all products must be made by PayPal.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

If you dispute any payment made to us you must contact us immediately and provide full details of your claim.  If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of USD $10; and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

6. Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete; and

(c) you will be able to accept delivery of the products.

7. Delivery policy

We will deliver your digital products in the form of an email with relevant download links.

8. Ownership

When purchasing any product from us you will not be granted ownership over the digital product. You will be purchasing a license to use our product for your own personal or commercial use. You are not permitted to resell any products purchased from us.

9. Consumers and Business Customers: returns policy

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 30 days after the day you received the relevant product or products (subject to the limitations set out below).

In order to cancel a contract in this way, you must give to us written notice of cancellation. If you cancel a contract on this basis, you will be refunded in full.

10. Consumers: statutory rights

If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

11. Business customers: limitation of warranties

This Section applies only to business customers, not consumers.

We warrant to business customers that the products purchased from our website will conform in all material respects to any applicable specification of such products published on our website / issued by us;

These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 14, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.

12. Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

13. Force majeure

In this Section and Section 14 below, “force majeure event” means:

(a) any event which is beyond our reasonable control;

(b) the unavailability of raw materials, components or products; and/or

(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

We will take reasonable steps to mitigate the effects of the any force majeure event.

14. Limitations and exclusions of liability

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale,  including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

If you are a business customer, we will not be liable to you in respect of any loss or corruption of any data, database or software.

If you are a business customer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

If you are a business customer, our aggregate liability to you under the terms of sale will not exceed the greater of: (a) $10 and (b) the total amount paid and payable by you to us under the terms of sale.

15. Business customers: indemnity

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

16. Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

(a) you cease to trade;

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

17. Consequences of cancellation

Upon the cancellation of a contract in accordance with Section 16:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) all the other provisions of these terms of sale will cease to have effect, except that Sections 8, 11, 12, 14, 15, 17 and 19 will survive termination and have effect indefinitely.

18. Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

19. General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 14: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law,and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

20. About us

Our full name is Themeover.

Our registered office and principal trading address is: 18 Turle Road, London, N4 3LZ

Our email address is support@themeover.com

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