Terms & Conditions
Terms of Sale – designyourownthings.uk
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website designyourownthings.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please note that we limit our liability at paragraph 15 below.
Please print or save a copy of these terms and conditions for your records.
1. INFORMATION ABOUT US
Our site is designed and developed by Kevin Staight, 07961 819283.
2. YOUR STATUS
By placing an order through our site, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the “Order Confirmation”). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us (“Contract”) will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.
3.2 As the Products will have been made to your specification or designed by you, you will not have any right to cancel the supply of any of the Products once you have placed an order.
4. USE OF OUR DESIGNS
4.1 All designs on our site are owned by or licensed to us. If you pay us a negotiable fee (contact us to discuss and then agree in writing) then we shall grant to you a non-exclusive perpetual licence for you to use those designs on your advertising material (such as vans and signage) and business stationery PROVIDED that you do not use the designs on any product intended for sale or resale by you.
5. MATERIAL AND INFORMATION PROVIDED BY YOU
5.1 Whenever you make use of a feature that allows you to upload material to our site you must comply with the content standards set out in our acceptable use policy. You warrant that any such material does comply with those standards, and you indemnify us for any breach of that warranty.
5.2 In addition to complying with our acceptable use policy, you agree that all material uploaded by you onto our site will be done at your own risk. You must retain a copy of all material you upload. We expressly exclude all liability for any uploaded material which is lost or damaged during or after the uploading process.
5.3 Failure to follow our site’s preparatory instructions for uploading your material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances.
5.4 You must not upload any material that will breach any third party rights to such material unless you have their express consent. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their rights.
5.5 We have the right to remove any material uploaded by you or not to fulfil any order if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy referred to at paragraph 5.1. You will receive a full refund of any sums already paid for an order we do not fulfil.
5.6 You agree only to provide someone else’s personal information if they have given you express consent to use it in respect of the Products you have ordered.
5.8 We may establish policies and limits concerning our storage of material uploaded by you and the amount of any material that may be uploaded. We may delete your material stored by us which is inactive for an extended period of time without reference to you. We may change our policies and limits at any time, in our sole discretion, with or without notice to you. To the extent that we are permitted to do so by law, we may delete your material stored by us at any time.
6.1 As you design your own items and fit these to predefined templates this is automatically acceptance of your design when ordered. If you were unable to use our online design tool then prior to producing the Products, we make an electronic proof of the Product and send this to the email address used when making your order. You are responsible for approving these proofs. You accept that once you have approved the proof (including your own design), the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.
6.2 Your statutory rights are not affected by these terms and conditions.
7. AVAILABILITY AND DELIVERY
7.1 If your product is in stock at the time of your order we will aim to despatch this as described in our delivery section of our website.
7.2 Working days are Monday to Friday, excluding UK Bank Holidays.
7.3 Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.
7.4 Where delivery is not possible as a result of us being provided with the incorrect delivery address details, our delivery service will return the Products to us. We reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address.
7.5 All products will be signed for upon delivery, if anyone other than the intended recipient signs for the product and the product is subsequently not delivered to the intended recipient will incur no liability provided that parcel was delivered to the address provided by the purchaser.
8.1 You must notify us within 30 days of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action.
8.2 The earliest date we can claim against Royal Mail for non-delivery is 15 working days from the date of despatch. We cannot process a reprint before this time. You should notify us by phone or email if your goods have not arrived after 15 working days.
8.3 Once you have notified us in accordance with paragraph 8.2, we will then send you a form to complete and return to us. Once the form is received we will redeliver Products to you, at no further cost or expense to you.
9.1 All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you.
9.2 You acknowledge that variations in respect of quantities are inherent within the printing industry.
9.3 All overages may be kept by you at no additional cost.
9.4 All orders are checked and verified before despatch.
10.1 You accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware set ups are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process.
11. RISK AND TITLE
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will pass to you on delivery.
12. PRICE AND PAYMENT
12.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
12.2 Our prices do not include VAT as we are not VAT registered. This is subject to change based on turnover and HMRC rules.
12.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
12.4 We do not store any credit or debit card data.
13. OUR REPLACEMENT POLICY
13.1 If you believe that a Product is defective, we may request that you return the product for our examination at your expense. If we find the product to be defective we will reimburse the return postage cost and reissue you with a replacement.
14.1 Claims for damage, shortages or non delivery must be advised by phone or email within 30 days from the date that the Products were despatched.
14.2 We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 14.1 except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.
15. OUR LIABILITY
15.1 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).
15.2 We do not exclude or limit in any way our liability:
15.2.1 For death or personal injury caused by our negligence;
15.2.2 Under section 2(3) of the Consumer Protection Act 1987;
15.2.3 For fraud or fraudulent misrepresentation; or
15.2.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
15.3 Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
15.3.1 Any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or
15.3.2 Any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
16. WRITTEN COMMUNICATIONS
16.1 When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site. 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.
17.1 You must give notice to designyourownthings.uk either at its registered office electronically using the messaging facility on our site. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 16. Notice will be deemed received and properly served:
18.1.1 Within 1 working day when given electronically
17.2 In proving the service of any notice, it will be sufficient to prove that such notice was properly sent.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The Contract is binding on you and us and on our respective successors and assigns.
18.2 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.
18.3 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.
19. EVENTS OUTSIDE OUR CONTROL
19.1 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 (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
20.2.1 Strikes, lock-outs or other industrial action;
20.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
20.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
20.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
20.2.5 Impossibility of the use of public or private telecommunications networks; and
20.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20.1 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.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
20.3 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 paragraph 17 above.
21.1 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.
22. ENTIRE AGREEMENT
22.1 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.
22.2 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.
22.3 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.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 We have the right to revise and amend these terms and conditions from time to time.
23.2 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 Order 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).
24. LAW AND JURISDICTION
24.1 Contracts for the purchase of Products through our site will be governed by the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales