Terms and conditions

Please see also Privacy, Accessing your data (Subject Access Request), Licensing & Copyright and Cookies.

By downloading products from The Complaining Cow website you agree to these terms and conditions.

1)  Information about The Complaining Cow

Your contract for the sale or use of any of the Products (Templates, PDFs, books and Power Hours) on the website is with The Complaining Cow Limited whose registered office is at:

8 Bridge Street, Polesworth, Tamworth, Warwickshire, England, B78 1DT

Company Registration Number: 13445067

Support email address info@thecomplainingcow.co.uk

2) Service availability for consumers

The Complaining Cow products and services are intended for use by residents of the UK only.

3) Your status

By placing an order through this website, you warrant that:

(a) You are legally capable of entering into binding contracts;

(b) You are at least 18 years old;

(c) You are resident in the UK and are accessing our website from the UK and

(d) You will only use a Product for your personal use and you will not sell, publish or distribute such Product or use it in whole or in part to create another document.

4) How the contract for a download of an item, physical book, Power Hour or advice on correspondence between consumer/trader is formed between you and us

4.1 If you are accessing a Template, the contract will be formed upon you submitting your payment when the download will be instantly available.

4.2 As the Template is made instantly available, no cancellation right exists under

the Consumer Protection (Distance Selling) Regulations 2000.

4.3 Our systems are automated and we are not liable for any delay in download

4.4 If there is a problem with the template download you should contact info@thecomplainingcow.co.uk for support. A replacement will be emailed to you if necessary. Under the Consumer Rights Act 2015 digital content a repair or replacement will be made.

4.5 Templates, books. Power Hours and written correspondence advice are for guidance only and no guarantee is provided that they will elicit the desired response. We have no liability in any circumstances for the use of an off-the-shelf document. You acknowledge that the price charged for an off-the-shelf document is significantly less than that for a bespoke agreement such as a Zoom call.

4.6 We will not hold any responsibility at all for any alterations made to the Template after you have downloaded it.

4.7 By purchasing a Product, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to, loss of business or profits or any other financial loss, arising out of or in any way connected with the use of an off-the-shelf document (whether foreseeable or not), under any law or on any basis whatsoever whether contractual or otherwise. In addition you agree that if, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Product purchased.

4.8 Nothing in these terms and conditions shall limit or exclude our liability for any matter that we are not by law able to exclude.

4.9 You will receive an automatic confirmation that your order for a Book has been accepted. However, if on inspection it is found that this contract has been broken (for example ordering from outside the UK), a full refund will be given on the method used to pay for the item(s).

4.10 Suggested changes will be provided by us within a week of receiving correspondence but usually sooner.

5) Title and Intellectual Property

5.1 You will only be able to download and use the Product when we receive full payment of all sums due in respect of the Product (of if the Product is being made available free of charge, when you download it).

5.2 As between us and you, all Intellectual Property Rights and all other rights in any Products shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Product.

5.3 We shall enforce our Intellectual Property Rights in the Products to the fullest extent possible by law. Distributing, (whether for payment or not) publishing, selling or disclosing a Product to a third party is strictly prohibited.

6)  Price and payment

6.1 The price of any Products will be as quoted on our website from time to time, except in cases of obvious error.

6.2 VAT is not payable.

6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a download confirmation.

6.4 Payment for all Products must be by the options available on the website.

7) Refunds on Templates

7.1 As the template is made instantly available no cancellation right exists under

the Consumer Protection (Distance Selling) Regulations 2000.

7.2 If there is a problem with the template download you should contact info@thecomplainingcow.co.uk for support. A replacement will be emailed to you if necessary. Under the Consumer Rights Act 2015 digital content a repair or replacement will be made and not a refund.

8) Refunds on books

8.1 If you have purchased a book and change your mind you have 14 days from receiving the item to inform us that you will be returning the item and a further 14 days in which to send it. The cost for return postage will be borne by you.

8.2. Books are inspected before posting, so a breach of the Consumer Rights Act 2015 (CRA) is highly unlikely. If, however, you believe it is in breach of the CRA, please contact info@thecomplainingcow.co.uk with a photo of the issue. If there is a breach, return will be borne by The Complaining Cow and a refund provided.

8.3 We will refund any money using the same method originally used by you to pay for your purchase.

9) Power hours and written advice on communication

9.1 The fee for the Power Hour or written advice consultation is due in advance and is non-refundable. In case of cancellation through unforeseen circumstances, the consultation may be rescheduled once.

9.2 If you are a consumer and the Power Hour booking is for more than in 14 days’ time, then it can be cancelled for a full refund.

10) Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11) Transfer of rights and obligations

11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12) Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

13) Waiver

13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 below.

14) Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15) Entire agreement

15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

16) Our right to vary these terms and conditions

16.1 We have the right to revise and amend these terms and conditions from time to time.

16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the download confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

17) Law and jurisdiction

Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.