1. THESE TERMS

    1. What these terms cover. These are the terms on which we supply our digital products to you for use by your nominated recipient ("Recipient").
    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 our 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.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US

    1. Who we are. We are YOUR BIG DAY LTD ("Yourbigday", "we" or "us") a company registered in England and Wales. Our company registration number is 10259459 and our registered office is at York House, 1 Seagrave Road, London SW6 1RP. Our registered VAT number is 255387283.
    2. How to contact us. You can contact us by telephoning our customer service team at +44 (0) 20 3742 8593 or by writing to us by email at hello@yourbigday.tv.
    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.
    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU

    1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    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 ordered. This might be because the product is out of stock or discontinued, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
    3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  4. OUR PRODUCTS

    1. Products may vary slightly from their pictures. Any images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    2. Recipient rights. The Recipient must accept our then current download terms of use before receiving their product.
    3. Your materials. You herby grant us a perpetual, royalty fee, worldwide, transferable licence with the rights to grant sublicences as to use all content and material you provide in relation to an order ("Material") as necessary to provide our products. You represent that the possession and use of the Material will not infringe any law or third party right and indemnify us against any breach of this Clause ‎4.3.
  5. OUR RIGHTS TO MAKE CHANGES

    1. Minor changes to the products. We may change the product:
      • to reflect changes in relevant laws and regulatory requirements; or
      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not adversely affect the use of the product in any material way.
    2. More significant changes to the products and these terms. In addition, we may make more substantive changes to the product where this is unavoidable, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
  6. PROVIDING THE PRODUCTS

    1. Delivery. We will make the digital products available for download by your identified recipient as soon as possible after we accept your order.
    2. We are not responsible for delays outside our control. If our supply of products 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 products you have paid for have not been delivered.
    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, for example, the email of the intended recipient. If so, this will have been stated in the description of the products on our website. 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 end the contract. 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 for giving us incorrect information.
    4. Reasons we may suspend the supply of products. We may have to suspend the supply of a product to:
      • deal with technical problems or make minor technical changes; or
      • update the product to reflect changes in relevant laws or regulatory requirements.
    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 one month you may contact us to end the contract 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

    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 and when you decide to end the contract:
      • if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back);
      • 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;
      • if you 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; and
      • in all other cases (if we are not at fault and there is no right to change your mind), see Clause ‎7.6.
    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 products which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause ‎5.2);
      • 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;
      • there is a risk that supply of the products may be significantly delayed because of events outside our control;
      • 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 month one; or
      • you have a legal right to end the contract because of something we have done wrong.
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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.
    4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of a digital products after the Recipient has started to download or stream these. You acknowledged and agreed to this as part of our order process.
    5. How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until the Recipient starts downloading or streaming. If we delivered the digital content to the Recipient immediately, and you agreed to this when ordering, you will not have a right to change your mind.
    6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause ‎7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
  8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on +44 (0) 20 3742 8593 or email us at hello@yourbigday.tv. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • Online. By using our contact form on our website.
      • By post. Write to us at Your Big Day Ltd, York House, 1 Seagrave Road, London SW6 1RP, including details of what you bought, when you ordered or received it and your name and address.
    You can use the model cancellation form in the Schedule.
  9. OUR RIGHTS TO END THE CONTRACT

    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:
      • you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; or
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, details of the recipient.
    2. 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 one month 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

    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0) 20 3742 8593, email us at hello@yourbigday.tv or write to us at Your Big Day Ltd, York House, 1 Seagrave Road, London SW6 1RP.
  11. PRICE AND PAYMENT

    1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the checkout page when you placed your order. We take all reasonable care to ensure to ensure that the price of the product advised to you is correct. However please see Clause ‎11.3 for what happens if we discover an error in the price of the product you order.
    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.
    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.
    4. When you must pay and how you must pay. We accept payment through Stripe. You must pay for the products when ordering. Credit and debit cards are accepted through Stripe.
    5. 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 1% a year above the base lending rate of HSBC 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.
  12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    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.
    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 subcontractor, for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
    3. 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.
    4. We are not liable for indirect or business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you or any other person whether in contract, tort (including negligence) or for breach of statutory duty or otherwise for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are not liable to you or any other person whether in contract, tort (including negligence) or for breach of statutory duty or otherwise for any indirect or consequential loss or damage of any type or for any loss of data (whether direct or indirect).
    5. Our maximum liability. Our maximum liability to you whether in contract, cost (including negligence), breach or statutory duty or otherwise in respect of any order shall not exceed the price of the produced ordered.
  13. OTHER IMPORTANT TERMS

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    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.
    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 products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.