Terms and Conditions

These terms and conditions apply to the purchase of online content for download from Stash Creative Limited.

PLEASE NOTE THAT ANY CONTENT YOU DOWNLOAD IS SUBJECT IN ADDITION TO OUR LICENCE TERMS

These terms may have changed since you last reviewed them

These terms were last updated on 18 April 2023

Where to find information about us and our products

You can find everything you need to know about us, Stash Creative Limited, and our products on our website before you order. We also confirm the key information to you in writing after you order, either by email or in your online account.

All products that we make available to customers are in the form of digital downloads, that will be made available to the customer by an online link following payment. All digital downloads are subject to the terms and conditions of our licence which can be found at stash-content.com/licence-agreement.

We don’t give business customers all the same rights as consumers

For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.

Sometimes we reject orders

Sometimes we reject orders, for example, because we can’t verify your age (where the product is age-restricted), because we have reason to believe you have been involved in the misuse of our goods in the past, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid for orders rejected.

We charge you when you order

Given the nature of our business, we cannot risk credit on unpaid products, so we will not deliver any products to you without your having paid for them first.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

We charge interest on late payments

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the statutory default rate of 8% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We’re not responsible for delays outside our contro

If our supply of your product is delayed by an event outside our control, such as technical issues, faults in the internet service, or faults with any online payment system, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can email our Customer Service Team: support@stash-content.com to end the contract and receive a refund for any products you have paid for in advance, but not received.

Products can vary slightly from the way they appear online

A product’s true colour may not exactly match that shown on your device or may appear on another display differently. You need to make your own decision about the suitability of any product for your needs.

If you are a consumer and you bought online you have a legal right to change your mind

Your legal right to change your mind. For most of our products bought online you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.

Your legal rights

14 days to change your mind, online sales only.

Only if you have not started to download it

When you can’t change your mind. You can’t change your mind about an order for:

digital products, after you have started to download or stream these;

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:

the day we confirm we have accepted your order, if it is for digital content for download or streaming (for example, a video clip, or other downloadable content), although you can’t change your mind about digital content once you have started to download it or stream it.

How to let us know. To let us know you want to change your mind, email our Customer Service Team: support@stash-content.com.

When and how we refund you. If your product is digital content, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.

You have rights if there is something wrong with your product

Tell us. If you think there is something wrong with your product, you must email our Customer Service Team: support@stash-content.com. We will either provide you with a fully functioning replacement, or alternatively provide a refund.

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

Summary of your key legal rights

If your product is digital content, for example a downloadable video file, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

· If your digital content is faulty, you’re entitled to a repair or a replacement.

· If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

· If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

Your rights if you are a business. We warrant that on delivery any products which are digital goods shall:

– conform in all material respects with their description and any relevant specification;
– be free from material defects in design, material and workmanship;
– be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
– be fit for any purpose held out by us.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers’ warranty) if:

– you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer); and
– we are given a reasonable opportunity of examining such product,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business) if:

– you make any further use of such product after telling us it is non-compliant;
– the defect arises because you failed to follow our instructions as to the use of the product, the equipment required to use it, or (if there are none) good trade practice;
– the defect arises because we followed any drawing, design or specification supplied by you;
– you alter or try to repair the product without our written consent; or
– the defect arises because of wilful damage, negligence, or through use of incompatible equipment.

We can change products and these terms

Changes we can always make. We can always change a product:

– to reflect changes in relevant laws and regulatory requirements;
– to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

– deal with technical problems or make minor technical changes;
– update the product to reflect changes in relevant laws and regulatory requirements; or
– make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we’re going to suspend supply, for more than two weeks you can email our Customer Service Team: support@stash-content.com to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

We can withdraw products

We can stop providing a product, such as digital content or goods for any reasons, including, for example, if someone has objected to its content, or we have entered into a private agreement for its use. We let you know if we do, and you have already paid for it, and we refund any sums you’ve paid in advance for products which won’t be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

– you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due;
– you use the product in a way that is incompatible or in breach of our licence agreement.

We don’t compensate you for all losses caused by us or our products

Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

– Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable)

– Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.

– Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
– A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.

Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:

– we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
– our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

– death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
– fraud or fraudulent misrepresentation;
– breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
– defective products under the Consumer Protection Act 1987; or
– any matter in respect of which it would be unlawful for us to exclude or restrict liability.

No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: stash-content.com/privacy.

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team: support@stash-content.com will do their best to resolve any problems you have with us or our products.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this We may not agree if we believe this is a way for you to get round our licence conditions. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.