Terms of service
By visiting and browsing EnchantingForms.com’ website and when buying our Products and using our Services, you are consenting to these Terms and Conditions and agree you have read them. If you do not agree to be bound by these Terms and Conditions, you may not access or use the Site or our Services.
Your Information
To access this site and use some of the Services and resources it offers you may be asked to provide certain details or information to be able to use our Services or buy Products. It is a condition of use that all the information you give us is accurate and true and current. You agree that all the information you give to us is regulated by our Privacy Policy and you agree to all actions we take concerning your information according to that Privacy Policy. Our website also uses cookies; by using our website or agreeing to these Terms and Conditions, you consent to our use of cookies following the terms of our Privacy Policy and Cookie Policy.
Our Services and Products
EnchantingForms displays Products for sale and provides Services and charges the prices shown on our website. The Site Visitor or Customer chooses a Digital Product and pays for it following the payment terms and the online payment process. EnchantingForms then sends an email to confirm payment and the customer can then download the files. Please use our Website contact section if you have any questions or require support where we will respond as quickly as possible
Definitions
The terms “we”, “us”, and “our” and “EnchantingForms” refer to EnchantingForms.
The terms “user”, “you”, and “your” refer to site visitors, customers, and any other users of this Site.
The term “EnchantingForms” refers to the company EnchantingForms who owns and runs this website, provides a Service and Sells products at www.enchantingforms.com (EnchantingForms is powered by 4D Creative Ltd)
The term “Service” or “Services” refers to the Services we provide on this Site such as displaying Products for sale, offering product licences, custom order, providing payment methods and information about Products or any aftercare service if applicable
The term “Custom Order” refers to additional services or changes to digital items made by us at your request for an additional charge.
The term “Site” refers to the EnchantingForms website at www.enchantingforms.com
The term “Product” or “Products refers” to the items or Product licences available for sale on our Site. In some cases, “Product” may also mean the plural Products and the other way round.
The term “Digital Product” refers to our product which is a digital item or template sold to salons and beauty businesses
The term “Visitor” means anyone who visits or browses our Site.
The term “Customer” means a Visitor to our Site who intends or has bought one of the Products on display on our Site.
The term “Consumer” refers to someone who is acting outside their trade, business, craft or profession.
The term "Businesses" or "Business" refers to sole traders, partnerships and companies or anyone who buys our Product to use in connection with their business or employment and not for private use as a consumer.
Using our Site
To use our Site, you must be 18 years of age or older and have the necessary capacity to enter into these Terms and Conditions. Children under the age of 18 are forbidden from using our Site. Information provided on the Site and in the Services related to our Products for sale or their description or any other information may be subject to change. EnchantingForms makes no statement or guarantees that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. EnchantingForms disclaims all liability for any inaccuracy, error, or incompleteness in the Content of our site or products.
- Payment and Charges
You agree to pay all costs and charges related to the Products and Services you have ordered set out on our website and to use the appropriate payment facilities and processes presented on our Site and in these Terms and Condition. You can pay for your items using either of the following payment providers, Stripe, Master Card, Visa Credit and Debit, American Express and PayPal. Please be aware that prices and costs may change from time to time in the normal course of business practice.
- Pricing
We sell our products in British Pounds (GBP £), US Dollars (USD $) and Euros (€). Our default currency for pricing is GBP.
- Buying Process
You agree to follow our processes and procedures for buying our products.
How to Register
When using our website for the first time you will need to register if you want to buy one of our products. To register you simply fill out your details such as name, email address, city/town, country. We will send you an email to the email address for your account in which you can activate your account. When you have activated your account you will come back to the website where you can make your purchase. If you have already registered you just need to login to your account to make a purchase.
- Buying Products
Delivery
Delivery will be a file downloaded electronically which are available for instant download as soon as the payment is confirmed. You will see a ‘View Your Files’. You can find this by logging into your account and going to ‘Purchase & Review’) You will be able to download all the files associated with your order there. You will also receive a download notification to your registered email address.
We have a system in place which can tell if you have downloaded your product files or not. It is your responsibility to download these files. Following our privacy policy, we will only store these files for a short time. Therefore, you must keep your files safe after downloading. We will not be able to replace your files once we have deleted them from our system.
- Products
a). Digital Products Only
We do not send files manually. After you have made a successful payment you will be able to download your files. If you have ordered a custom service we will send the files to you by email.
All products will be delivered to you electronically, no physical product will be delivered to you. You acknowledge and agree that each product has different variations such as, but not limited to, language, colour, PDF fillable and prices may vary for each product type.
b). Product Files
All PDF files are password protected you are forbidden to make any changes, only EnchantingForms has the right to make changes. You also acknowledge and agree that you will not share your product files at workshops or exhibitions with friends or any other businesses or third parties at all and that they are for the use of your business only. Our product files contain our copyrighted logo and information.
Your purchased files are in zip format. You need to extract them onto your computer or laptop. In that zip file, you will also find a copyright declaration, disclaimer policy, help and instructions files.
c). Colour
Bear in mind that colours may look different on your screen or when you print them. Our forms are made for 8.5” x 11.0” x 8.5inch paper size. If you need a different paper size please make an order under ‘Custom Orders”.
d). Editing Files
You cannot edit the files for the product you have downloaded, You must check the details in the listing before you buy our Products.
e). Printed Products
Please be aware that we do not provide any printed products at all. Our products are digital only. Therefore, you cannot print out our products on your home/office printer or via a third party printing company. Please be assured that there is no need to print out our products neither do you need to print a backup copy of your product. Our technical team thoroughly test our products before they are displayed for sale on our website.
f). Custom Orders
You may request a custom order and ask us to add a logo, change the colour or make minor text changes on the forms. This will be for a small additional charge which can be agreed by us.
If you place a custom order but do not give us the requested materials within 14 days we will assume that you have withdrawn your order and the order will be cancelled. You will need to pay again to if you would like to place the same order again.
We are not responsible for any errors, spelling or grammatical mistakes in the Digital files text and is not covered by our Product Guarantee. Bear in mind, that our Digital files text uses international English which may use British and American variations. You may ask us for a custom quote if you would like to change the text.
f). Custom Order Downloads
Custom order files will be sent to you via Wetransfer.com to your EnchantingForms registered email address. Your WeTransfer.com link expires after 7 days. You must make sure you download the files onto your computer and keep them safe.
Because we respect your privacy under GDPR and our Privacy Policy, we delete all custom order files after 30 days. We would be unable to resend your files after 30 days. Therefore, you will have to place a new order if you would like to request more changes after these 30 days.
g). Custom Order Timeframe
How quickly we can complete your custom order depends on the items you have ordered. Normally this is within 24 to 48 hours, but we may discuss this with you when you place you custom order
If you contact us please bear in mind that we are a UK based company so please consider any time differences when making a request. we aim to respond as soon as possible, our support is limited at weekends and on bank holidays.
Each custom order includes 3 loop revisions. We can discuss more revisions if you let us know before placing your custom order.
h). Quantity
You may buy our products as a single item or multiple items
- Our agreement
Your order is an offer to EnchantingForms to buy the Products and licences you have ordered. When you place an order to buy a Product from us, we will send you an e-mail confirming we have received your order. You will then be able to download your files at which point we accept your offer and a contract is made between EnchantingForms and you.
- Your Licence
You acknowledge and agree that when you purchase and download files from us you are buying a licence to use our product and that in no way do you or will you own any title or exclusive right to our product. You also agree that you cannot sell or resell, giveaway, amend or change the product files without our written permission. You also agree and respect that we have exclusive title to the files and own all intellectual property rights on these files.
- Accounts
To use our Service, you may be required to provide information about yourself including your name, email address, password, city/town. country. You agree that any registration information you give to EnchantingForms will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. You must not use your account for any illegal or unauthorized purpose. When using our Service or buying our Products you must not violate any laws in your jurisdiction. EnchantingForms also has the right to cancel or suspend your account for any reason at any time without notice. Please read our Privacy Policy for more information on your personal data rights.
- Invoices and Receipts
You will receive an email to confirm your order. You may download a sales invoice by logging into your account. There is also the option to download a receipt when you place an order under ‘View receipt’.
- Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Products through the Site for legitimate purposes only. You must not post or transmit any material through our Site which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
- Refusal of Service
Our Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse our Services to any order, person, or entity, without having to give a reason for doing so. No order is accepted by us until payment has been processed and received. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. Please note that acceptance of your offer to buy a Product is only made when you receive the confirmation email and download our product.
- Refunds, Cancellations & Exchange.
We sell digital items and due to their nature cannot give refunds because you bought an item by mistake or in error or have changed your mind, We do not take responsibility for your mistakes and therefore, strongly recommend you read the item description carefully before purchasing any Product from our Website.
Also, because our product is solely designed for business use and is not intended for consumers the Consumer Rights Act 2015 does not apply to you when you buy one of our products online. Therefore, you do not have the right of withdrawal or a cooling-off period and you do not have a right to a refund. Furthermore, we exclude our liability under section 13, and 14 of the Sale of Goods Act 1979 which means we do not give refunds for faulty products, products not of satisfactory quality or do not match the description except where stated in our product guarantee which allows for limited remedies for genuine faults in our product which is part of these terms and Conditions.
- Product Description
We try to describe and display our Services and Products as accurately as possible. While we want to be as clear as possible in explaining our Service and Products, you should not accept that the Site is entirely accurate or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
- Intellectual Property Rights
Our Site, products and Service contain intellectual property owned by EnchantingForms, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format at all, any of the Site or Service Content or intellectual property, as a whole or in part, without our prior written permission. Therefore, Printing and selling our designs, on any kind of paper or medium, even if given away free of charge or as a freebie is not permitted at all.
We have the right to immediately remove you from our Service, without refund, if you are caught violating this intellectual property policy. You may not use our trademarks in connection with any of our Products or Services, in any way that may confuse customers or the public at large or in any way that harms EnchantingForms or their reputation or standing. Any other trademarks not owned by us belong to the product Producers and affiliates associated with EnchantingForms and their ownership rights must be respected.
- Change of Terms and Updates
We may change these Terms and Conditions at any time. These changes are effective from the time we have posted the new Terms and Conditions on this Site. Any use of the Site or Service by you after these updated Terms and Conditions have been posted means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. We also periodically, update our products. Therefore, if you purchased files today and download them again in 6 months your new files will be the latest version.
- Termination
You agree that we can terminate your use or access to this Site or Services at any time without notice if you violate any of these terms and Conditions. The duration of the contract for the sale of our Products is until performance has been completed by both parties. This agreement can be terminated at any time for any reason by mutual agreement.
- Exclusion of Liability
- . You agree that in no way will we be liable for direct, indirect, incidental, consequential or any other remedies as a result of using our site or Additionally, EnchantingForms is not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of your information or personal data, whether we were negligent or not.This applies even if EnchantingForms has been advised of the possibility of something or could have foreseen loss or damage.
- Our products do not give medical advice or provide or offer medical treatment and should not be considered as such. Our products are not intended to replace medical advice or give advice on treatment and are not connected in any way with the services your business provides using our products. Always consult a medical practitioner before acting on any information concerning any medical condition or health-related issue. We are not liable for any misuse of our product or for any medical conditions you or your customers had before you used our product.
The laws of some countries do not allow some or all of these limitations. Some of these limitations may not apply to you and you might have some additional rights.
Furthermore, we are not responsible for the success or failure of your business and we do not guarantee in any way that using our products will increase your business profitability, effectiveness, or status. Our products are intended as branding tools only.
- Product liability
EnchantingForms is not liable for any economic or financial loss or damage in negligence or breach of contract caused by an EnchantingForms product used by a business purchaser or business in their trade or profession. We do not accept responsibility for economic damage or loss if our product is misused, not used for its intended purpose. We do not accept liability for economic damage caused by products where the defect did not exist in the product at the time it was supplied, where the damage is purely economic,
- Third-Party Links
Our Site and Service may contain links to third-party websites and resources. You agree that we are not responsible for the availability, correctness, content, or policies of third-party websites or resources. Links to such websites or resources do not imply or express any endorsement by or affiliation with EnchantingForms. You agree to take sole responsibility for all risks arising from using any such websites or resources.
- Right to take action
If we do not take action because you have broken a clause in these Terms and Conditions it does not mean that we will not be able to use our rights in any other situation where you breach these Terms and Conditions or other legal responsibilities or duties you have to us.
- Indemnification
You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You will not resolve any third-party claim or reject any defence without our previous written permission.
- Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and do not affect the construction or interpretation of any of its provisions.
- Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and sent by email to:
hello@enchantingforms.com
- Entire Agreement
These Terms and Conditions including the Limited Guarantee Policy and any attachments are the whole agreement between EnchantingForms and you and cancels all other verbal or written understandings concerning this agreement which were made outside these Terms and Conditions. EnchantingForms is not responsible for any misrepresentations they made before and outside this agreement.
- Binding Terms.
We intend to rely on these written Terms and any document expressly referred to in them about the subject matter of any agreement between us. We and you will be legally bound by these Terms.
- Events or circumstances beyond our reasonable control
If we are prevented or delayed from complying with our obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, our failure or delay in performing our obligations will not be in breach of this agreement. Examples of such events and circumstances, but not limited to, include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war.
- Severability
If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with any law, the wrong clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.
- Assignment
This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by you unless you have been given written permission by us in writing.
- Governing law
You agree that any dispute or claim coming out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to Scottish Law. You also agree that Scottish courts have exclusive jurisdiction unless the parties mutually agree to settle the dispute by mediation on mutually agreed terms.
- Recovery of Legal Costs
If any legal action or any arbitration or other action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, failure, or misrepresentation in connection with any of the terms of this Agreement, the successful or prevailing party or parties shall be allowed to recover reasonable lawyer's fees and other costs incurred in that action or proceeding, in addition to any other remedy to which it or they may be entitled to.
These Terms and Conditions were last updated on July 24th 2020