1.1 These terms and conditions shall govern the sale and supply of downloadable ebooks through our website https://store.swankguide.com, and the use of those ebooks.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) “we” means Swank Guide LLC company (and “us” and “our” should be construed accordingly);
(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
(c) “ebooks” means those ebooks that are available for purchase on our website; and
(d) “your ebooks” means any such ebooks that you have purchased through our website (including any enhanced or upgraded version of the ebooks that we may make available to you from time to time).
3.1 The advertising of ebooks on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase downloadable ebooks from us, the following steps must be taken: you must add the ebooks you wish to purchase to your shopping cart, and then proceed to the checkout; you must provide the data required to process the order: name and surname, email address, country of residence; you must consent to the terms of this document and our privacy policy; our in-built payment service provider will handle your payment and we will then direct you to an order confirmation page, containing an ebook download link (at which point your order will become a binding contract); additionally we will send you an order confirmation by email, containing a second download link operable only if the first download link has not yet been used.
3.4 A contract comes into force between you and us as soon as your payment is processed and regardless of whether or not you use the download link provided to you in the order confirmation webpage or in your order confirmation email.
3.5 Provision of ebook is defined as provision of a download link for the purchased ebook.
3.6 In the event that your payment is processed but a technical failure on our website means you do not receive either your ebook download link or your ebook, please email us at store@swankguide.com quoting your first and last name, email address, and order number (if known). On verifying that we have received your payment, we will provide the ebook to your directly by email. All the terms of use given in Section 6 shall apply whether ebooks are provided to you via download link or directly by email.
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.1 You must, during the checkout process, pay the prices of the ebooks you order.
5.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.1 We will supply your ebooks to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your ebooks permitted by Section 6.3, providing that you must not in any circumstances make any use of your ebooks that is prohibited by Section 6.4.
6.3 The “permitted uses” of your ebooks are:
(a) downloading one copy of each of your ebooks;
(b) making, storing and viewing copies of your ebooks on not more than 3 desktop, laptop or notebook computers;
(c) making, storing and viewing copies of your ebooks on not more than 3 ebook readers, smartphones, tablet computers or similar mobile devices; and
(d) printing a single copy of each of your ebooks solely for your own use.
6.4 The “prohibited uses” of your downloads are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any ebook (or part thereof) in any format;
(b) the editing, modification, adaptation or alteration of any ebook (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);
(c) the use of any ebook (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any ebook (or part thereof) to compete with us, whether directly or indirectly;
(e) any commercial use of any ebook (or part thereof); and
(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any ebook for the purpose of preventing unauthorised use.
6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your ebooks.
6.6 All intellectual property rights and other rights in the ebooks not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any ebook.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant ebooks in your possession or control.
6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant ebooks in your possession or control, and permanently destroy any other copies of the relevant ebooks in your possession or control.
7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
7.2 You enter into a contract with us through our website as soon as your payment is processed. You may withdraw your offer to contract with us at any time before submitting payment, subject to Section 7.3, by abandoning your cart. You do not have to give any reason for your withdrawal.
7.3 Because provision of ebooks occurs immediately upon processing of your payment, there is no right to cancel once you have entered into a contract with us.
7.4 No refunds will be given after provision of ebooks for any reason.
8.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
8.2 We warrant to you that:
(a) your ebooks will be of satisfactory quality;
(b) your ebooks will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;
(c) your ebooks will match any description of it given by us to you; and
(d) we have the right to supply your ebooks to you.
8.3 All of our warranties and representations relating to ebooks are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 9.5 shall not apply.
9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 9.6 shall not apply.
9.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or the ebook or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9.8 You agree and understand that information in the ebook may be inaccurate, change, or no longer be valid, and that you will exercise care in ensuring you have the most up to date information. You also agree to assume all risk and exercise your own due diligence with respect to any recommendations made in the ebook.
10.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
10.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
12.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
15.1 Subject to Section 9.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
16.1 These terms and conditions shall be governed by and construed in accordance with the law of New York State.
16.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of the State of New York in the United States.
17.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
17.2 These terms and conditions are available in the English language only.
18.1 This website is owned and operated by Swank Guide LLC company.
18.2 We are registered in the United States, and our registered office is at 420 34th Ave, Seattle WA 98122, United States.
18.3 You can contact us:
(a) using our website contact form;
(b) by email at store@swankguide.com.
Last update: May 21st 2023
