DIGITAL DESIGN CREATIONS LIMITED
TERMS AND CONDITIONS OF USE OF OUR WEBSITE
THESE TERMS AND CONDITIONS ARE INTENDED TO FORM A BINDING CONTRACT BETWEEN YOU (OUR VISITOR) AND US (THE SITE AND THE OWNERS OF THE SITE). YOU ARE ADVISED TO READ THEM THROUGH THOROUGHLY BEFORE VISITNG THE REMAINDER OF THE SITE AS THEY CONTAIN CONDITIONS WHICH BIND YOU.
IF ANY OF THESE TERMS IS NOT ACCEPTABLE TO YOU - YOU MUST LEAVE THE SITE IMMEDIATELY AS YOUR AUTHORITY TO ACCESS IT IS DENIED.
means any goods or other items on to which we have applied your image either by digital print methods by embroidery or by any other method
means any image you provide to us either a photograph, digital file, drawing or otherwise which you require applying to any object whether supplied by you or us
1. THE CONTRACT
In consideration of the Site and the Owner allowing You access to this Site You agree to comply with these Terms and Conditions without any modification.
2. YOUR OBLIGATIONS
2.1 You warrant as follows, that:
2.1.1 You have the legal authority to enter into this Contract
2.1.2 You will read and understand the terms and conditions attached to any website with which the Site has links and which you visit by use of such links
2.2 You will not
2.2.1 use this Site or its contents for any commercial purpose
2.2.2 access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
2.2.3 violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site
2.2.4 take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
2.2.5 deep-link to any portion of this Site for any purpose without our express written permission
2.2.6 "frame", "mirror" or otherwise incorporate any part of this Site into any other Site without our prior written authorisation
2.2.7 attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Owner in connection with this Site or the services it offers
3. INTELLECTUAL PROPERTY
3. All information on this Site belongs to Us
3.1 Save where specifically authorised by Us you cannot copy, share, transmit, reproduce, post or redistribute all or any part of any of the information contained on this Site without permission in writing from the Owner and without subjecting yourself to any additional terms, whether financial or otherwise, which We in our absolute discretion impose
3.2 The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is owned by Us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site.
4. INTERNATIONAL CUSTOMERS
We are not responsible for import duties and taxes arising on Goods exported from the United Kingdom and we undertake to make no calculations or estimates in this regard and You agree that You are importer of record and that You will ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.
Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. GOODS, PRICING AND AVAILABILITY
5.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of goods available from us correspond to the actual goods we cannot guarantee the accuracy of these descriptions.
5.2 We do not represent or warrant that any goods will be available from the stocks we hold and we reserve the right to cancel any order from you if we cannot supply the goods in what we in our sole discretion consider to be a reasonable time.
5.3 All pricing information on the site is correct at the time it is published but we reserve the right to change prices and alter or remove any item we advertise and/or special offers from time to time.
5.4 In the event that prices change during the period between your order being placed for goods and us processing that order and taking payment you will be contacted prior to your order being processed with details of the new price and will have the opportunity to cancel your order with us.
If the Goods We supply to You have been Personalised the following provisions apply
6.1 You warrant that:
6.1.1 If you have supplied the item on which the Personalisation is required that it will be fit for such Personalisation and that You have taken all steps necessary to establish its suitability for such Personalisation
6.1.2 You have full right and authority to use the image You supply to us and further that You will indemnify Us against all loss arising out of all and any claims and demands We receive in relation to the misuse of any image
6.1.3 the images You supply to Us will comply with the minimum standards We apply and publish on the Site from time to time
6.2 You accept that:
6.2.1 a full colour match is not always possible and that minor deviations in colour are both inevitable and acceptable
6.2.2 We will not be responsible for any damage caused to any item you supply to us which does not arise through the negligent application of the process we apply
6.2.3 If you create a design using the tools provided by the site then when you indicate in that tool your acceptance of that design you are liable to pay for the work we carry out for you even if you have made a mistake in the design or it does not meet your ultimate approval
6.2.4 We aew able to deal only with the images you provide and that we are not responsible if the reproduction of that image results in distortion pixellation or other degradation
7.1 Goods will be despatched to you in the manner you have selected on the Site but we cannot guarantee that any delivery time quoted will be met if the goods are delivered by a contractor independent from us
7.2 Unless sent by Royal Mail goods will be delivered to your front door and only to ground floor areas
7.3 Unless you advise us within 2 days of receipt of the goods you are deemed to have accepted that the goods are satisfactory and with no problems
8. RETURNS POLICY
8.1 If you receive Goods which:
8.1.1 do not match the description of the Goods that You ordered from Us or
8.1.2 have faults when they are delivered to you or
8.1.3 have been damaged in transit
You must contact us within 2 days of delivery to arrange for their return you will be responsible for paying shipment costs and We will have the option to replace the Goods (if available) or to refund you through the payment method used by you when purchasing the Goods such refunds and/or replacements will be issued only upon our receipt of the returned Goods.
8.2 If You are a consumer You have a statutory right to a “cooling off” period which begins once your order is complete and ends 7 working days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Us in a saleable condition and unopened within 7 working days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.
8.3 You do not have a right to return Goods which have been personalised unless We have caused a fault in them in the course of such personalisation
8.4 If you wish to return Goods to Us for any other reason You must contact Us beforehand.
8.5 We reserve the right to amend the amount we refund pursuant to this clause 8 in the following circumstances
8.5.1 You have used and enjoyed the Goods;
8.5. The Goods are of a nature which may cause them to deteriorate or expire rapidly and You do not communicate with Us in a timely manner;
8.5. If the individual packaging has been opened;
8.5.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to You at the time of purchase.
Use of the Site is also governed by our Privacy and Cookie Policies which are deemed to be incorporated into these terms and conditions by this reference.
10.1 We make no warranty or representation that the Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.
10.2 No part of this Site is intended to constitute advice and the Content of this Site should not be relied upon when making any decisions or taking any action of any kind.
10.3 No part of this Site is intended to constitute a contractual offer capable of acceptance.
10.4 Whilst We use reasonable endeavours to ensure that the Site is secure and free of errors viruses and other malware You are advised to take responsibility for Your own security, that of Your personal details and any computer You use to access the Site.
11. AVAILABILITY OF THE SITE
11.1 The Site is provided “as is” and on an “as available” basis and We give no warranty that it will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
11.2 We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11.3 We reserve the right to alter, suspend or discontinue any part of (or the whole of) the Site including, but not limited to, the services available. These Terms and Conditions shall continue to apply to any modified version of the Site unless it is expressly stated otherwise
12. LIMITATION OF LIABILITY
12.1. We accept no liability for all and any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein or in respect of the Goods, to the maximum extent permitted by law You should be aware that You use the Site and its Content at Your own risk.
12.2 Nothing in these Terms and Conditions excludes or restricts Our liability for death or personal injury resulting from any negligence or fraud on Our part.
13. OFFENSIVE OR INCORRECT CONTENT
13.1 If you find any content on the site in any way offensive, libellous, incorrect or in any other way inappropriate you should notify us immediately, using the contact details shown on the site and supply the information to validate your assertion
13.2 If we find, in our sole discretion, that any content notified to it is inappropriate for the site, we will take all reasonable steps to remove that content as soon as we are able to do so
14. INTELLECTUAL PROPERTY
14.1 All Content included on the Site including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is Our property or that of our affiliates or other relevant third parties. By continuing to use the Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
14.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Site unless otherwise indicated on the Site or unless given Our express written permission to do so.
15. THIRD PARTY INTELLECTUAL PROPERTY
15.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
15.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Site or unless given express written permission to do so by the relevant manufacturer or supplier.
16. LINKS TO OTHER WEBSITES
This Site may contain links to other sites and unless expressly stated, these sites are not under Our control or that of Our affiliates and We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.
17. MODIFICATIONS TO THESE TERMS AND CONDITIONS
We reserve the right to modify these Terms and Conditions from time to time without notifying you. You agree to revisit these Terms and Conditions from time to time to establish whether or not any changes have been made and by accepting these Terms and Conditions you confirm that you have read and understood them on each visit you make to the site.
18. MODIFICATIONS TO THE SITE
We reserve the right, at our sole discretion to modify, alter or remove any part of the site or discontinue any products or services it provides from time to time and to discontinue the site completely and nothing contained on the site or in these Terms and Conditions shall give us any obligation, of any type, to continue the operation of the site or any part of it.
19. GENERAL MATTERS
19.1 Operative Law – This Contract will be governed by and construed in accordance with English law and each of the parties agrees to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this Contract
19.2 Partnership/Joint Ventures – no contractual relationship other than that envisaged by these Terms and Conditions is intended to arise under this contract and You agree that no relationship of any sort exists between Us and You, save as provided for herein
19.3 Effect Of Contract - this Contract supersedes any previous Contract between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
19.4 Time of the Essence – time will not be of the essence in any part of this Contract except for clause 8.2 where it is agreed that time will be of the essence.
19.5 Warranties - all parties acknowledge and agree that they have not entered into this contract in reliance on any representation, warranty or undertaking which is not set out or referred to in it
19.6 Unenforceability - If any provision or term of this Contract is, or shall become, or be declared illegal, invalid or unenforceable for any reason whatsoever (including, but without limitation, by reason of the provisions of any legislation or other provisions having the force of law or by reason of any decision of any Court or other body or authority having jurisdiction over the parties of this Contract) such terms or provisions shall be divisible from this Contract and shall be deemed to be deleted from this Contract and the remainder of the provisions shall continue in full force and effect provided always that if any such deletion substantially affects or alters the commercial basis of this Contract the parties shall negotiate in good faith to amend and modify the provisions and terms of this Contract as necessary or desirable in the circumstances.
19.7 Notices - notices by either party must be given in writing and may be delivered personally or sent by letter (or transmitted by e-mail) addressed to the other party at its registered office or the e-mail address last used by that party. Any such notice given by letter will be deemed to have been given at the time at which the letter would be delivered in the ordinary course of post, if sent by post, and on the date of delivery if delivered personally (or at the date of receipt if transmitted by e-mail).
19.8 Entire Agreement - this Contract constitutes the entire understanding between the parties concerning the subject matter hereof.