In these terms and conditions:
1.1 references to 'us, we or our' means Bill and Ben whose registered office is at 1 Rainhill Way Darlington, County Durham, DL2 2GA
1.2 references to 'you' means to the person who has paid for the goods in accordance with paragraph 2 of these terms and conditions;
1.3 references to 'goods' are to the goods (including the formats and mediums upon which the designs are to be placed) that you have sought to purchase through this website which contain the designs;
1.4 references to ‘designs’ are to the designs that have been created by us in accordance with these terms and conditions and which are to be placed upon your goods;
1.5 references to ‘initial design’ are to the initial designs created for your approval in accordance with paragraph 3.1 of these terms and conditions; and
1.6 references to ‘intellectual property rights’ are to all existing and future copyright, design rights, registered designs, trade marks, patents, domain names, database rights, applications for any of these, the right to apply for any of these and all other intellectual property rights, in any part of the world, for the full term and any renewals and extensions of such rights.
2 The contract between us
Payment of the whole of the price for the goods must have been made by debit or credit card or using such other payment methods from time to time made available via this website before your order can be accepted. Once payment has been made through the website [we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form]. Our acceptance of your order brings into existence a legally binding contract between us. We will not have accepted any legally binding commitment to you to provide the goods unless and until you receive the required e-mail.
3.1 Upon receipt of an e-mail confirming that your order has been accepted, we will commence creating an initial design using the templates and other design options selected by you during the ordering process. We aim to complete the initial design within 5 working days from the date upon which we accept your in accordance with paragraph 2, although if the design is particularly complicated or difficult it may take longer to provide you with the initial design. If the initial design cannot be provided within 5 working days from the date upon which the order was placed, we will endeavour to complete the initial design as soon as possible (which will be no later than 20 working days after the date upon which we accept your in accordance with paragraph 2). If the initial design cannot be provided within the initial 5 working days we will, contact you to advise you of the delay and the likely date that you will be provided with the initial design.
3.2 The initial design will be based upon the options and templates selected by you and the images and other information or data uploaded by you during the ordering process. Before the completion of the ordering process you will have the opportunity to review the options and templates selected and the information or data uploaded and it is your responsibility to ensure that such items are correct prior to completing your order. We will have no liability to you or obligation to amend or re-design the initial design if you fail to ensure that such items are correct prior to ordering.
3.3 The initial design will be provided in such format as we decide and to such e-mail address as was provided to us by you during the ordering process. We have no obligation to provide the initial design in any other format or using any other medium (including post).
3.4 Upon receipt of the initial design, you must confirm by return (in accordance with the instructions contained in the e-mail in which forwarded the initial design to you) whether the initial design is satisfactory. If you notify us that the initial design is unsatisfactory, you must set out the reasons why, whereby we will endeavour to rectify the issues raised by providing you with an updated initial design within 3 working days from the date upon which we are notified of the issues that require rectification (unless the amendments are complicated or difficult whereby we will contact you to advise you of the likely date the amended initial design will be provided if it cannot be provided within the 3 working day period). Please note however that:
3.4.1 the designs are intended to be a caricature of the subject matter and therefore are intend to exaggerate certain features;
3.4.2 if we do not hear from you within 10 working days of forwarding the initial design to you or any subsequent initial designs, we will assume that such initial design is satisfactory and the initial design will be deemed to be satisfactory for the purposes of these terms and conditions;
3.4.3 we will not make amendments to the initial design which are required due to you selecting the incorrect template, options or uploading the incorrect information or data;
3.4.4 we will only amend an initial design on two occasions. The third initial design that we forward to you will be deemed to be satisfactory to you for the purposes of these terms and conditions and not capable of amendment;
3.4.5 the initial designs are our interpretation of the subject matter and we shall have no liability to you if our interpretation is unsatisfactory to you over and above seeking to amend the initial designs in accordance with this paragraph 3.4; and
3.4.6 you do not have the right to cancel your contract with us on the basis that an initial design is unsatisfactory to you.
3.5 Upon confirmation from you that the initial designs are satisfactory to you or are deemed to be satisfactory to you under paragraph 3.4, the initial designs will become the designs for the purposes of these terms and conditions and will be placed onto the goods and delivered to you in accordance with paragraph 8 below. We will have no obligations to provide the designs to you except in the form of the goods.
4 Copyright and Authority
4.1 In ordering goods from us through the website or uploading any date or information you hereby confirm and warrant to us that:
4.1.1 the subject matter of any information or uploaded has provided his or her or its consent to the uploading of such information or data;
4.1.2 that you have not breached any data protection legislation in uploading such information or data;
4.1.4 the information and data provided is not offensive and the content does not breach any statute or other laws or legislation;
4.2 We shall have no liability to you whatseoever under these terms and conditions or in respect of our contract to supply the goods to you if you are in breach of any of the items listed in paragraph 4.1 above. You hereby indemnify us for all losses, liabilities, damages, expenses and costs incurred by us as a result of any failure by you or any breach of the warranties contained in paragraph 4.1 above.
4.3 The intellectual property rights in the designs and all initial designs remains vested in us at all times.
5.1 The prices payable for goods that you order are as set out in our website. Prices are (subject to paragraph 5.2) inclusive of delivery costs and charges.
5.2 There are certain areas to which we do not deliver or charge additional delivery costs of charges. Such areas can be located on our website or will be advised to you during the ordering process.
6.1 Subject to paragraph 6.2, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
6.2 Most of the goods that we supply are ordered to your individual, unique specifications or include unique or individual designs. Where this is the case you agree to us starting the initial design prior to your usual 7 day cancellation period under the Consumer Protection (Distance Selling) Regulations 2000 and will therefore not (except in accordance with paragraph 6.3) be able to cancel your contract with us after we have started creating the initial design. Please note that the initial design will be started almost immediately after we have accepted your order under paragraph 2 above. Following confirmation from you that the initial designs are satisfactory to you or are deemed to be satisfactory to you under paragraph 3.4 we will place the design onto your goods. The goods will have been created to your individual, unique specifications and you will therefore not have any right to cancel your contract with us under paragraph 6.1 or the Consumer Protection (Distance Selling) Regulations 2000..
6.3 You may also cancel your contract with us if we fail to provide you with an initial design within 20 working days of the date upon which we accept your in accordance with paragraph 2 or if we fail to deliver the goods within 30 days of the date upon which you have confirmed that the initial designs are satisfactory or that the initial designs are deemed satisfactory under paragraph 3.4 of these terms and conditions. This right to cancel is not dependent upon the goods ordered not being to individual, unique specifications.
6.5 If you have received the goods before you cancel your contract then unless, under paragraph 6.2 where you do not have a right to cancel, you must send the goods back to our contact address listed below at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address listed below at your own cost and risk as soon as possible.
6.6 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit or debit card will be credited to your account as soon as possible and in any event within 28 days of the date upon which notice of your cancellation was given PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you. If the goods are not returned to us in the same state and conditions as they were when delivered, we shall be entitled to treat the contract as never being cancelled and to retain the price.
7.1.2 the information or date that you have uploaded contains offensive or inappropriate content;
7.1.5 we, in our absolute discretion, believe it prudent to cancel the contract due to issues raised by you with respect to our initial designs; or
7.1.6 you are in breach of any of the warranties contained in paragraph 4.1.
7.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 28 days of cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
8.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. We will have no liability to you if you provide us with any incorrect information during the ordering process (including delivery address) and as a result the goods are not delivered to you or are delayed. Please note price includes free delivery to UK address excluding Highlands and Islands.
8.2 Delivery will be made as soon as possible after you have confirmed that the initial designs are satisfactory or that the initial designs are deemed satisfactory under paragraph 3.4 of these terms and conditions and in any event within 30 days of such date.
8.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
9.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
9.2 If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
9.4.1 you are in breach of any of the warranties contained in paragraph 4;
9.4.2 you fail to comply with any obligation under paragraph 3.
9.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph 9.3.3 above.
9.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9.8 Our total liability to you under these terms and conditions or for supplying the goods to you shall never exceed the price actually paid by you for the goods.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 1 Rainhill Way, Darlington, DL2 2GA and all notices from us to you will be displayed on our website from to time.
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.