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| Terms & Conditions Definitions "The Company ('we' or 'us' or 'our')" means Gitcards Limited "The Customer('you' or 'your')" means the person, firm or company with whom any contract is made or any quotation is addressed "The Personalised Product" means the bespoke printing of the Goods and delivery to the Customer. 1 Ordering Products 1.1 Gitcards Ltd will supply to you, the person named in the order form you completed on this website, the personalised product made to your individual specification (the 'Product') to the address shown during the order. 1.2 Gitcards Ltd intend to supply you with your Personalised Product once you have ordered the Personalised Product. 1.3 You order through this website by completing the ordering process and checkout. Checking that all the information, including details for your Personalised Product and all packing, and delivery costs set out in the Order are to your satisfaction. 1.4 You acknowledge that by completing and submitting your Order to us, you have reviewed the information provided, understand the rights and respective limitations, and you wish to make an offer to purchase the Personalised Product on the terms and conditions set out in this Agreement. 1.5 You warrant and undertake to us that any intellectual rights incorporated in the information and design for your Personalised Product does not infringe any intellectual property or other rights of any third party and we have the right to use the information and design that you have given to us for the purpose of this Agreement. You will indemnify us in respect of any claim relating thereto (including all reasonable legal expenses). 1.6 We reserve the right to decline any order without giving any reason. In the occurrence of such an event, a full refund will be made. 1.7 No refunds will be given after the order is submitted and we have generated the required artwork. No partial refunds will be given for work not completed. 2 Description of the Personalised Product 2.1 The main characteristics of the Personalised Product are described on this website as notified to you during the interactive design stage of your Personalised Product prior to submitting the Order. Your submitted Order indicates that you have reviewed and satisfied yourself in respect of the main characteristics of the Personalised Product including the design and lay-out and the correct spelling of any names and words, and correct details of any postal address, telephone, fax, and/or e-mail details. 2.2 We are offering this personalised service which allows you to specify, design, and proof the Personalised Product online prior to completing your order. You acknowledge that after you had the opportunity to review and proof the Personalised Product by submitting the Order you are committing irrevocably to the printing and ordering of your Personalised Product. 2.3 All accepted orders are binding and no returns will be accepted unless a fault or negligence can be proven. This does not affect your statutory rights. 2.4 With full colour printing, every effort will be made to obtain the best quality and match on customer's work but due to the nature of the print process, we shall not be required to guarantee an exact match to colour between the customer's photograph, transparency, proof, printed sample, monitor or display. Whilst every endeavour is made to colour match, the customer shall not have cause to reject the goods in the case of colour variation. 3 Price 3.1 The price payable for the Personalised Product including relevant taxes and postage will be made known to you while completing your Order. 4 Payment Terms 4.1 You must pay us the Price for the Product by using either a debit, credit card, cheque or alternative method available through the website. The Price will be debited to your debit or credit card by PayPal with immediate effect. 4.2 Value added tax at the current rate of 17.5% is currently included within the quoted prices for the Personalised Products. 5 Delivery 5.1 Subject to acceptance of your Order, we aim to despatch the Personalised Product to you as soon as processed within, 10 working days. Where we are unable to meet this delivery period we shall if possible notify you of this and the expected day of delivery at the e-mail address you have given in your Order. You may cancel the Order by intimating this to us in writing or by e-mail within one working day of our notification to you of the delay and receive a full refund if you do not wish to wait for the revised date of delivery. 5.2 Delivery of the Personalised Product will be made to the address given for delivery on your Order. 5.3 We will not be responsible for loss of the Personalised Product or lateness of delivery of the Personalised Product due to unforeseen delays in delivery service, postal strikes, breakdown of equipment or bad weather. 5.4 We will not be responsible for any loss of trade or profit occurring to you as a result of delay in delivery or delivery of an incorrect or faulty Personalised Product. 5.5 Risk in the Personalised Product passes to you on delivery of the Personalised Product to you. 6 Acceptance of Personalised Product 6.1 If you have cause for complaint, please contact us via email immediately at service@gitcards.biz. We will attempt to resolve the dispute within 5 working days and to keep you informed of progress if the dispute remains unresolved. 6.2 We are not responsible for any text, spelling, grammar or composition errors you may have made. Please ensure all submitted text is proof read carefully before final ordering, to confirm please double check your proof prior to ordering, if there are any errors Gitcards Ltd must be notified within 24hours following order. 6.3 We are not responsible for imperfect work caused by unsuitable materials or inferior quality files supplied or uploaded by the customer. 7 Use of your Personal Data 7.1 You expressly consent that we may use the personal data you have given to us in the Order solely for the purpose of this Agreement, for making services available to you, for marketing our Personalised Product and services to you, and to disclose to other third parties, such as our suppliers, for marketing purposes. You may opt out of receiving such future marketing mailings, and you may choose not to have your name disclosed to third parties for this purpose. If you choose to do this, you can do so by sending an e-mail to service@gitcards.biz requesting this. 7.2 Our obligations under this Agreement include, but are not limited to, the disclosure of your personal data to the companies and organisations engaged to supply and deliver the Personalised Product to you including, without limitation, printers of the Products, Royal Mail and other relevant postal authorities, any other person and/or organisation engaged by us to fulfil your Order and all other relevant authorities who are entitled to or to whom we owe a legal obligation to the disclosure of your personal data. 7.3 You acknowledge that after having been advised of the purposes and circumstances under which your personal data may be used, processed, and disclosed to other parties as detailed in these terms and conditions and on the website, you explicitly consent to the disclosure and the transfer of your sensitive personal data to the printers of the Personalised Product, relevant postal authorities, other relevant authorities, and direct marketers of the Personaalised Product and services which may be of interest to you. 8 Remedies and Liabilities 8.1 Consumer (a) Nothing in this Agreement will affect your legal rights as a consumer. (b) Our total liability to you (whether in contract, tort, including negligence or otherwise) will not at any time exceed in aggregate either the sum of £50 or an amount equal to the price paid by you and the costs of returning the product to us. (c) This Clause 8.1 survives termination of this Agreement for any reason. 8.2 Business (a) Nothing in this Agreement will affect your legal rights as a business. (b) In all cases not described in Clauses 8.2(b) our total liability to you (whether in contract, tort, including negligence or otherwise) will not at any time exceed in aggregate either the sum of £50 or an amount equal to the price paid by you and the costs of returning the product to us. (c) This Clause 8.2 survives termination of this Agreement for any reason. 9 Events beyond our control 9.1 We are not responsible for any delay or failure in carrying out our duties under this Agreement if the delay or failure is caused by circumstances beyond our reasonable control. These circumstances include: Act of God; legislation; war; terrorism; civil commotion; riot; flood; drought; fire; equipment breakdown; failure of power of supply; lock-out; the postal service; and strike. You must allow us reasonable time to carry out our duties in these circumstances. 10 Notices 10.1 Any documents which you or we must give shall be sent by electronic mail. If to us, please use the following address: service@gitcards.biz. If to you, at the e-mail address notified to us in your Order. 11 Entire Agreement 11.1 This Agreement constitutes the entire agreement between you and us. The terms of any other electronic message, order, or any other communications you may have sent to us not forming part of your Order will not apply 12 Severability 12.1 If a court decides that any part of this Agreement is not valid or cannot be enforced, that part will not apply. All other parts of this Agreement will continue to apply. 13 Changing the Contract 13.1 If we decide not to enforce a right under this Agreement, this does not prevent us from enforcing that right in the future. 13.2 This Agreement cannot be altered by you or us except in writing on hard copy paper signed by you and us. 14 Governing Law 14.1 This agreement will be governed by English law and will be subject to the non-exclusive jurisdiction of the English courts. 15 Illegal Matter 15.1 Gitcards Ltd shall not be required to print or supply any matter which, in our opinion, is or may be of an illegal or libellous nature or any infringement of the copyright of any third party. 15.2 We shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim. Copyright Statement 1 Gitcards Ltd websites content and design are the property of Gitcards Ltd. Reproduction of content without our written permission is only allowed for capture of customer-related order information. Users do not receive any copyright rights to the site content. 2 Gitcards Ltd developed software is the property of Gitcards Ltd, incorporating OSCommerce (www.oscommerce.com). 3 Graphics made available to the user at gitcards.biz are the exclusive property of Gitcards Ltd |
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