You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Clear Thought Consulting Ltd (trading as Watertight marketing) (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
Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched, a contract will be made between you and us, and you will be charged for the goods in accordance with the procedure detailed below.
In order to enter into a contract to buy goods from us, you will need to take the following steps:
(i) you must select the package you wish to purchase, and then proceed to the checkout;
(ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
(iii) you will be transferred to the payment processor e.g. PayPal website, and PayPal will handle your payment;
(iv) we will then send you an initial acknowledgement and
(v) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
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.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order in the PayPal checkout. You may correct those input errors before placing your order by returning to watertightmarketing.com and starting your order again. The only language in which we provide these terms of sale is English.
4. The products
Watertight Marketing Workbooks and Companion Toolkit giving you a comprehensive set of pen and paper exercises and worked examples to bring the ideas in Watertight Marketing (Panoma Press, £14.99) to life.
Watertight Whiteboard giving you 12 months access to the library of video tutorials that accompany your Watertight Marketing Workbooks.
Watertight Webschool giving you a structured 12-part eLearning programme to guide you through completing your workbooks, 12-months access to the Watertight Whiteboard, weekly live Q&A for a year, and one 1-hour Skype call with an accredited Watertight Marketing Consultant.
Marketing Masterplan giving you a one-day planning workshop, a structured 12-part eLearning programme to guide you through completing your workbooks, 12-months access to the Watertight Whiteboard, weekly live Q&A for a year, and four 1-hour Skype calls with an accredited Watertight Marketing Consultant.
Watertight Workgroup giving your company 2 places at a weekend planning retreat, 3 places at a Marketing Masterplan workshop, 3 places on a structured 12-part eLearning programme to guide you through completing your workbooks, 3 registered users with 12-months access to the Watertight Whiteboard, weekly live Q&A for a year, and six 1-hour Skype calls with an accredited Watertight Marketing Consultant.
These products are designed for you to use within your own business and are based on copyrighted materials. You are not permitted to copy, distribute, re-use, re-purpose, sell or use them for any commercial or non-commercial activities without prior permission.
Purchase of the product entitles you to 12-months usage. You will need to re-purchase for each year you wish to use them.
5. Price and payment
Prices for our goods are quoted on our website. The website contains a large number of goods 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 we confirm your order.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you order the product.
Payment must be made upon submission of the 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 do not include all value added taxes (where applicable).
Payment for all products must be made by any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
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;
(c) you will be able to accept delivery of the products;
(d) you are resident in England or Wales; and
(e) you are at least 18 years of age.
7. Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
8. Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
9. Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
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.
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 or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, 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:
(a) are subject to the preceding paragraph; and
(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 any event or series of events beyond our reasonable control.
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.
12. General terms
Contracts under these terms of sale may only be varied by a document 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 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 12: 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.
13. About us
- Our full name is Clear Thought Consulting Ltd (trading as Watertight Marketing).
- Our registered office is 4 Brynland Avenue, Bishopston, Bristol, BS7 9DT.
- Our company registration number is 6664706.
- Our email address is email@example.com
- Our VAT number is 939-5464-77.
Last updated: 21 November 2013