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TERMS & CONDITIONS

TERMS OF SALE

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  1. These terms

    1. These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you order and pay us for a product on our site, you accept that these terms govern our supply of products to you. If you disagree with these terms, please do not purchase a product from our site.

    2. The term ‘product’ refers to the printed picture or object created and delivered to you under the terms of this agreement. 

  2. Information about us and how to contact us

    1. www.iwannabefaced.co.uk is a site operated by Hattie Taylor-Gell. “We”, “us” or “our” in these terms refers to Hattie Taylor-Gell, a sole trader established in England and Wales trading as “Faced” at 83 St James Green, Thirsk, North Yorkshire, YO7 1AJ. 

    2. To contact us, please email iwannabefaced@gmail.com, fill in a contact form on our site or telephone us on 07891191669.

    3. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order. When we use the word "writing" in these terms, this includes emails.

  3. Our contract with you

    1. Our acceptance of your order will take place when you have submitted your order and your payment has cleared in our account at which point a contract will come into existence between you and us. 

    2. We may assign an order number to your purchase and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your purchase.

  4. Content standards and intellectual property rights

    1. Whenever you send us the photographs, materials or images (“materials”) from which you want us to produce the products, you must comply with the content standards set out in this Clause 4. 

    2. You warrant that any materials you send to us:

      1. will not infringe any third party intellectual property rights; 

      2. will not breach any legislation or applicable law, and

you will be liable to us and indemnify us for any breach of either warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

    1. You retain all of the ownership rights in your materials, but you are required to grant us a limited licence to use, store and copy your materials for the purposes of creating and supplying you with the products you have ordered.

    2. We also have the right to disclose your identity to any third party who is claiming that any materials sent to us constitutes a violation of their intellectual property rights, or of any of their other rights (such as their right to privacy).

    3. You acknowledge that all risks arising from any materials you send to us rests entirely with you, including the risk of legal action against you if such materials constitute an infringement of any third party rights, or are otherwise unlawful.

    4. All intellectual property rights in the images that we create and apply to the products, are owned by us. Nothing in these terms will prejudice our ownership of these rights.

  2. our products

    1. The images of the products on our website or the image proofs that we email to you are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a display of the colours of the products on an electronic device (such as your computer) will accurately reflect the actual colour of the products. Your product may vary slightly from those images.

  3. yOur rights to make changes

    1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you we will continue to process your order to the specifications previously agreed.

  4. our rights to make changes

    1. We may change the product:

    1. to reflect changes in relevant laws and regulatory requirements; and

    2. to implement minor technical adjustments and improvements.

  1. providing the Products

    1. We will send you a proof of the product after we have received your materials. We will take in one round of your comments (if any) on the proofs, before delivering the finished product to you.

    2. Any additional costs of delivery will be as displayed to you on our website.

    3. We may contact you to agree a delivery date for the products either before or shortly after we accept your order or we receive your materials. If no delivery date is agreed then we will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we receive your materials. However, this 30 day period does not include any days that we have to wait to receive your comments on our proofs. Our delivery dates will be postponed for a number of days equal to the number of days we have to wait to receive your comments on our proofs.  

    4. If our supply of the products is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

    5. A product will be your responsibility from the time we deliver the product to the address you gave us.

    6. You own the product once the product has been delivered to you.

  2. Your rights to end the contract

    1. If you are ending a contract for a reason set out at 9.1.1 to 9.1.4 below the contract will end immediately and we will refund you in full for any products which have not been provided to you. The reasons are:

    1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

    2. the supply of the products is significantly delayed;

    3. you have a legal right to end the contract because the product is faulty or misdescribed;

    4. you have a legal right to end the contract because of something we have done wrong. 

  1. No right to cancel

    1. As our products are personalised and entirely bespoke we are unfortunately unable to accept requests to cancel an order after it has been accepted. This does not affect your right to terminate the contract for the reasons set out in Clause 9.1.

  2. Returns

    1. If you end the contract for any reason described in Clause 9.1 after the products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at 83 St James Green, Thirsk, North Yorkshire, YO7 1AJ. Please email us at iwannabefaced@gmail.com for a return label. 

    2. We will pay the costs of return:

    1. if the products are faulty or misdescribed;

    2. if you are ending the contract because you have a legal right to do so as a result of something we have done wrong.

  2. In all other circumstances you must pay the costs of return.

  1. Our rights to end the contract

    1. We may end the contract at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, suitable materials or confirmation that you are happy with the proof image.

    1. If we end the contract in the situation set out in Clause 12.1 we will refund any money you have paid in advance for any products we have not yet produced but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract. If the product has been produced we will be unable to refund you for the cost of the products.

  1. If there is a problem with the product

    1. If you have any questions or complaints about the product, please contact us. You can write to us at iwannabefaced@gmail.com or by filling out a contact form on our website at www.iwannabefaced.co.uk.

    2. We are under a legal duty to supply products that are in conformity with this contract. For detailed information on your key legal rights in relation to the product please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 040506. Nothing in these terms will affect your legal rights.

    3. If you wish to exercise your legal rights to reject products you must post them back to us at 83 St James Green, Thirsk, North Yorkshire, YO7 1AJ. We will pay the costs of postage. Please email us at iwannabefaced@gmail.com for a return label.

  1. price and payment

    1. The price of the product (which includes VAT) will be the price indicated on the order pages of our site when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 13.2 for what happens if we discover an error in the price of the product you order.

    2. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

    3. We accept payment via Paypal, Credit Card or Debit Card (further details are provided on the payment section of our site).

    4. You must pay for the products when you order them.

  2. Our responsibility for loss or damage suffered by you

    1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us) and for defective products under the Consumer Protection Act 1987.

    3. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you whatsoever, whether for loss of profit, loss of business, business interruption, or loss of business opportunity or otherwise.

  1. How we may use your personal information

    1. We will use the personal information you provide to us:

      1. to supply the products to you;

      2. to process your payment for the products; and

      3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

    2. For more information regarding our use of your personal information please see our Privacy Policy.

  1. Other important terms

    1. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

    2. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

    3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    5. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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WEBSITE TERMS OF USE

 

What's in these terms?

 

These terms tell you the rules for using our website www.iwannabefaced.co.uk (our site).

 

  1. Who we are and how to contact us

    1. www.iwannabefaced.co.uk is a site operated by Hattie Taylor-Gell. “We”, “us” or “our” in these terms refers to Hattie Taylor-Gell, a sole trader established in England and Wales trading as “Faced” at 83 St James Green, Thirsk, North Yorkshire, YO7 1AJ. 

    2. To contact us, please email iwannabefaced@gmail.com or fill in a contact form on our site or telephone us on 07891191669.

  2. By using our site you accept these terms

    1. By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.

    2. If you do not agree to these terms, you must not use our site.

    3. We recommend that you print a copy of these terms for future reference. 

  3. There are other terms that may apply to you

    1. These terms of use refer to the following additional terms, which also apply to your use of our site:

      1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

      2. Our Cookie Policy, which sets out information about the cookies on our site.

    2. If you purchase goods from our site, our Terms of Sale will apply.

  4. We may make changes to the terms of this policy

    1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. 

  5. We may make changes to our site

    1. We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

  6. We may suspend or withdraw our site

    1. Our site is made available free of charge.

    2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. 

    3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  7. UK users

    1. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

  8. Our rights

    1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. You must not use any part of the content on our site (whether for commercial or private/domestic purposes) without obtaining a licence to do so from us or our licensors.

  9. Your Content/Materials

    1. Whenever you send photographs, materials or images (“materials”) to us, either directly or through our site, you must comply with the content standards set out in this clause 9. You warrant that any such materials comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

    2. You warrant that any materials you send to us:

      1. will not contain any obscene, defamatory, abusive, threatening or harassing material, or any pornographic, seditious, or blasphemous material or any material liable to incite racial or religious hatred;

      2. will not breach any legislation or applicable law;

      3. will not infringe any third party intellectual property rights; and

      4. will not contain or constitute unauthorised commercial communications, or “spam”.

    3. We reserve the right to delete any materials you have sent to us which in our reasonable opinion is not in accordance with these terms of use or applicable law.

    4. You are solely responsible for securing and backing up your content.

    5. We also have the right to disclose your identity to any third party who is claiming that any materials sent to us constitutes a violation of their intellectual property rights, or of any of their other rights (such as their right to privacy).

    6. You acknowledge that all risks arising from any materials you send to us rests entirely with you, including the risk of legal action against you if such materials constitute an infringement of any third party rights, or are otherwise unlawful.

  10. Prohibited uses

    1. You may use our site only for lawful purposes. 

    2. You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.

    3. You agree not to access without authority, interfere with, damage or disrupt:

      1. any part of our site;

      2. any equipment, server or network on which our site is stored;

      3. any software used in the provision of our site; or

      4. any equipment or network or software owned or used by any third party.

    4. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

  11. Breach of these terms

    1. Failure to comply with these terms may result in our taking all or any of the following actions:

      1. Legal proceedings against you for reimbursement of all our costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

      2. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

    2. We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

  12. Do not rely on information on this site

    1. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

  13. We are not responsible for websites we link to

    1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

    2. We have no control over the contents of those sites or resources.

  14. Our responsibility for loss or damage suffered by you

    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

    2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Sale.

    3. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and if you do so we will have no liability to you whatsoever, whether for loss of profit, loss of business, business interruption, or loss of business opportunity or otherwise.

  15. We are not responsible for viruses and you must not introduce them

    1. We do not guarantee that our site will be secure or free from bugs or viruses.

    2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

  16. Which countries laws apply to any disputes?

    1. The terms of this policy, its subject matter and its formation are governed by English law. The courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

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