terms & conditions mydollyandi.com Ltd. Company Registration Number: 6342598 Directors: S Hay and MJ Holley mydollyandi.com : 5 Lynn Road, Southery, Downham Market, Norfolk PE38 0HU We, mydollyandi. ("we" or "us" or "our") will supply to ("you" or "your"), the person named in the order form completed on this proposal (the "Order"), the personalised product made to your individual specification (the "Product") at the address shown on the Order. You order through our office address by completing the Order and checking that all the information including personalised design for your Product and all costs and quantities set out in the Order is to your satisfaction. You acknowledge that by completing and submitting the Order to us "unapproved order" for purchase by providing us your credit/debit card details, you have reviewed the information provided, understand the rights and respective limitations and you wish to make an offer to purchase the Product on the terms and conditions set out in this Agreement, terms and condition in your order/enquiries inconsistent therewith shall be of no effect. We will check the "unapproved order" and send you a confirmation of the approval of the order "approved order". We
reserve the right to decline any "unapproved order" without giving any
reason. You warrant and undertake to us that any intellectual property rights incorporated in the information and design for your Product does not infringe any intellectual property or other rights of any third party, is not of an illegal or libellous nature, 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). We intend to supply you with your product "approved order" at the site address given in the order whether or not you actually receive confirmation of the approval of the order, sending of the order approval confirmation "approved order" will also enter you into a legally binding agreement with us. You can cancel an "unapproved order". You cannot cancel an "approved order". If an "unapproved order" is cancelled within one calendar month, we will provide a full refund. If an "unapproved order" is cancelled after one calendar month, we will credit your account with the refund. This credit is non-refundable but can then be used as full or partial payment against future orders (including special offers). 2
Description of the Product Under certain circumstances we will send you an ELECTRONIC PROOF of the product. We expect you to check that all detail on this proof in terms of layout, text content and spelling is correct and as per your requirements. Once you have responded back to us saying you are happy with and accept the proof, we will we approve your order (as in point 1) and use the proof to print the product. WARNING: If you accept the proof and there are any mistakes (spelling, incorrect content or layout), we will not be liable for the mistakes in the printed product that we supply you, as also stated in point 6. 3
Price 4
Payment Terms 4.2 When selecting to pay the Price by credit or debit card, we will debit the Price to your credit or debit card on order approval confirmation making an "approved order". 5
Deliveries We will deliver the Product to the shipping address registered in your account details and on the order. An additional charge may be incurred if delivery has to be made to an address different from the shipping address. If the shipping address supplied by you is incorrect or a delivery attempt was unsuccessful and the order is returned to us we will charge an administration fee of £1+VAT on top of the postage that will be incurred to re-dispatch the item. We will email you if your order is returned to us requesting the full reposting fee. If the fee is not paid within 1 month of our email then your order will be destroyed and you will be required to place a new order. If you have not received the delivery within 15 working days after the delivery period (or 20 working days if delivery outside of the UK), please inform us. We will try and resolve the non delivery and keep you informed. 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 incorrect or faulty Product. We will not be responsible for any loss of trade or profit occurring to you as a result of the Product getting lost in transit. We will reprint the lost items once the delivery company confirms they have lost the delivery. Risk in the Product passes to you on delivery of the Product to you. 6
Acceptance of Product We are not responsible for any text or composition errors you may have made or any errors described in Point 2 of this agreement. If you are in any doubt we would recommend purchasing a small order to start for a trial. Variations in quantity - Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins for 10 per cent. Variations in cut size - The cut size will be whatever you have specified for the product subject to a variation of 1.5mm in width and height. Full colour printing - Every effort will be made to obtain the best possible colour reproduction on customer's work but because of the nature of the processes involved, we shall not be required to guarantee an exact match in colour or texture between the (customer's photograph, transparency, other samples, monitor display - local or over the internet) and the printed Product, or between different sets of printed products (e.g. two sets of business cards or between a set of business cards and letterheads). Look
and Feel - All text elements will print with specified characteristics as displayed on screen (i.e. with correct font/bold/italic/position). All Logo elements will print as displayed on screen in terms of relative position and size. The quality of the printed logo will depend on the quality of the logo you provide (i.e. upload). The higher the dpi of the logo, the better the end result. 7
Privacy 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 Product to you including without limitation printers of the Products, couriers 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. 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 you explicitly consent to the disclosure and the transfer of your sensitive personal data to the printers of the Products, and relevant postal authorities, other relevant authorities and direct marketers of Products and services which may be of interest to you. 8
Remedies and Liabilities 8.2 We accept liability for damage that arises from the Product proving defective while in use as a result of the negligence of a person concerned in the printing or distribution of the Product or breach of the implied undertaking as to ownership of the Product. 8.3 We accept liability for death or personal injury caused to you as a result of our negligence or the negligence of our employees. 8.4 In all other cases not described in Clauses 8.2 to 8.3 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, whichever is the highest. 8.5 This Clause 8 survives termination of this Agreement for any reason.
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Events beyond our control 10
Entire Agreement 11
Severability 12
Changing the Contract 12.2 We reserve the right to make changes to this proposal and to these Terms & Conditions at any time without prior notice. You should review these Terms & Conditions each time you receive a new proposal. 13
Governing Law
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