Terms and Conditions
This is the legal bit folks, yes it is long and a bit wordy but alas necessary. Read it before you use the site. In this section you will find:
- Terms and Conditions of Business
- Copyright Notice
mixthemessage.com Terms and Conditions of Business
Terms of Agreement.
Please read the following sections carefully, as they contain the Terms and Conditions of Business that will govern your use of the mixthemesage.com website.
“Seller” means mixthemessage.com
“Buyer” means the person whose name is printed on the Order.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“Faulty” means containing a fault or defect; imperfect or defective.
“Goods” means the goods or services (also referred to on occasion as “items” and “products”) which the Seller is to sell in accordance with these Terms and Conditions of Business.
“Order” means the Buyer’s order for Goods or services.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b).
“Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
“Person” means any person, firm or company.
“Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation. “Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
“Writing” includes, other than for the purpose of Condition 9, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. Basis of Sale.
a. These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
b. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
c. The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
3. Orders and Specifications
a. All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
b. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order received email.
c. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.
d. The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer’s monitor.
4. Price, Payment and Currencies
a. All Prices stated include UK VAT at 17.5% if applicable. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
b. Payment must be made by PayPal (and where relevant debit / credit card) at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
c. The Seller is multi-currency enabled, which means the Buyer can select the currency of his/her choice for viewing product prices and shopping cart summaries.
d. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Buyer’s PayPal details (and where relevant debit / credit card) before accepting the Buyer’s Order.
a. The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
b. The Seller will endeavour to process the Order and manufacture the Good within the delivery estimates given. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
c. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
d. The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Buyer has a claim in respect of any one or more of the instalments.
e. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
f. Goods may not be returned to the Seller except as provided in Condition 7 below.
6. Risk and Property
a. Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
b. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
a. The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
(i) if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
(ii) in the case of Faulty Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 7 days after receipt).
(iii) if Goods have been delivered that you did not order
b. Notice of the wish to cancel must be made by email:
‘Order not received’ – if you have not received your order under the terms of 7. a. (i) please email mixthemessage.com (link below) the following information:
Your mixthemessage.com Order Number (this can be found on the mixthemessage.com ‘Order confirmation’ email sent to you)
- Your Customer Number
- Date of Order
- Your first Name and Surname
- Your Postal Address
- Your Email Address
- Description of Goods not received
‘Faulty Goods or Goods have been delivered that you did not order’ – if you have not received your order under the terms of 7. a. (ii) and/or 7. a. (iii) please email mixthemessage.com (link below) the following information:
Your mixthemessage.com Order Number (this can be found on the mixthemessage.com ‘Order confirmation’ email sent to you)
- Your Customer Number
- Date of Order
- Your first Name and Surname
- Your Postal Address
- Your Email Address
- Description of Goods
c. For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer’s specifications or clearly personalised.
d. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
8. Limitation of liability
a. The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 7a. or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number (if applicable), your name, delivery address and email address, as well as details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 8a.
b. The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
c. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller’s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser’s customers; inventory or use charges; or incidental or consequential damages of any nature.
d. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other any party associated with the Buyer for any direct, indirect, special or other consequential damages for any use of the mixthemesage.com website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer’s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
9. Intellectual Property
a. This website is owned by the Seller and operated by mixthemesage.com. Unless otherwise noted in this website, mixthemesage.com owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trade marks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of mixthemessage.com copyright. Additionally, the mixthemessage.com website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
b. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of mixthemessage.com or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
c. The mixthemessage.com logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the European Union and/or other jurisdictions, including the USA. mixthemessage.com graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of mixthemessage.com. mixthemessage.com trademarks and trade dress may not be used in connection with any product or service that is not mixthemessage.com, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits mixthemessage.com. All other trademarks not owned by mixthemessage.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by mixthemessage.com.
d. The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
e. Copyright complaints by third parties
(i) mixthemessage.com respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide mixthemessage.com with the following information:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed; the place where the material that you claim is infringing is located on the mixthemessage.com website;
(c) Your address, telephone number, and email address;
(d) A statement that your claim of infringement is based on a good-faith belief;
(e) A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
mixthemessage.com copyright agent for notice of claims of copyright infringement on its site can be reached as follows (please put the title: ‘Third Party’ in the subject heading of the email):
10. General and miscellaneous
(i) Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Condition).
(ii) A notice served on the Seller will be addressed as provided in Condition 9(e) and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:
* if sent by personal delivery, upon delivery at the address of the relevant party; or
* if sent by first class post, two clear business days after the date of posting.
(iii) The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
* the date specified as the date on which the change is to take place;
(iv) This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
b. Governing law and jurisdiction
(i) The Contract shall be governed by and construed in accordance with English law.
(ii) The parties irrevocably agree that the courts of England are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
c. Waiver If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
d. Statutory Rights The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
e. Severability If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
f. Website Availability Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the mixthemessage.com website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
g. Typographical Errors Information on mixthemessage.com website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the mixthemessage.com website is accurate, complete, reliable, current, or error-free.
i. Off-Site Links A link to a non mixthemessage.com website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
j. Headings All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
k. User Registration, eligibility and account activity In registering for a mixthemessage.com user name, the Buyer acknowledges and represents that he/she is an individual of at least 13 years of age who can form legally binding contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the mixthemessage.com service only under the supervision of a parent or legel guardian who agrees to be bound by these terms and conditions. The mixthemessage.com service is not intended for children under the age of 13.
Some of the content on mixthemessage.com website may offend. If you are offended by the content of this website, do not use it. By using the mixthemessage.com website you acknowlegde that you have been warned that the website contains content which may offend.
The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the mixthemessage.com website is accurate. Falsifying or omitting contact information such as a member’s name, address, and/or telephone number when registering with mixthemessage.com is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website the Buyer must obey all applicable international, federal, state, and local laws.
I. User Suspension and/or Termination The Seller, in its sole discretion, may terminate the Buyer’s user registration for violating mixthemessage.com Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
m. Seller’s right of removal of materials The Seller reserves the right at any time with or without the Buyer’s prior consent and without liability to the Buyer in that regard to delete from the mixthemessage.com website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data.
n. Buyer indemnification of mixthemessage.com The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from the Buyer’s submissions to the mixthemessage.com website, including that of photo’s, their suggested use of where to place a Good, their suggestions for designs and products, and all comments and information contained in their communication to mixthemessage.com, and/or from the Buyer’s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer’s use of the mixthemessage.com website. The buyer further agrees unconditionally that they are solely responsible for their use of mixthemessage.com, and their actions resulting from any comments, information or Goods detailed on mixthemessage.com, their use of any documents downloaded from mixthemessage.com, and the manner in which they use the Goods purchased from mixthemessage.com and that they indemnify mixthemessage.com for any consequences or effects (whether direct or indirect) of such use.
o. Seller’s right of change and amendment The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller’s services on a regular basis should check the relevant links regularly before placing Orders.
p. In fulfilling the contract, mixthemessage.com holds the right to have minor deviations as related to the descriptions found in our brochures, catalogues, and any other written and electronic documents regarding the characteristics of the material, the colour, weight, measurements, manufacturing or similar properties as far as they reasonably match the expectations of the customer.
q. mixthemessage.com liability to the Buyer whether in contract, tort or howsoever arising is limited to the amount paid by the Buyer to mixthemessage.com in respect of the relevant Goods.
r. User submitted content Some of the content on mixthemessage.com may contain content that is submitted by users of the mixthemessage.com website. mixthemessage.com accept no responsibility for this content. User submitted content does not necessarily reflect the opinions and views of mixthemessage.com, nor does it endorse them, nor does it monitor or guarantee the information contained in external links. In no event shall mixthemessage.com be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
This website and its content is copyright of mixthemessage.com – © 2007-2008. All rights reserved.
mixthemessage.com is committed to ensuring that your privacy is protected.
mixthemessage.com may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 11/12/2007
What we collect
We may collect the following information:
- your name
- contact information including correspondence and billing address and email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- To help make your shopping experience more efficient.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email. We may use the information to customise the website according to your interests.