Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by Draw Blank. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Draw Blank.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
14. Your order will only be accepted by us once your goods have been dispatched.
15. Whenever you make use of a feature that allows you to upload material to our site you must comply with the content standards set out below. If your material does not comply with those content standards, you shall indemnify us for any losses, damages, claims and other expenses we may incur as a result of such breach.
Your Material must:
Be accurate (where it states facts); be genuinely held (where it states opinions); and comply with the law applicable in England and Wales and in any country from which it is uploaded.
Your Material must not:
Be defamatory of any person; be obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any intellectual property rights of any third party. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their intellectual property rights; be likely to deceive any person; breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be in contempt of court; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person; advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
16. We have the right to remove any uploads if, in our opinion, it does not comply with the our content standards. You will receive a full refund of any sums already paid for an order we do not fulfil.
17. In addition to complying with the content standards, you agree that any files uploaded by you onto our site will be done at your own risk. You must retain a copy of any material that you upload. We expressly exclude all liability for any uploaded material which is lost or damaged during or after the uploading process.
18. Failure to follow our site's preparatory instructions for uploading artwork may result in products of poor quality. Please review these instructions carefully. We accept no responsibility for poor quality products in those circumstances.
20. You will continue to own all of your uploaded material and any personalisation that you may create through our site.
21. Prior to producing the products, we make an electronic proof of the product available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you.
22. Production and delivery times stated will only begin when you have approved the proof of your product.
23. Your statutory rights are not excluded, limited or otherwise affected by these terms and conditions.
24. The images of products on our site are for illustrative purposes only.
25. You accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware set ups are such that we cannot guarantee that the product colours will match those displayed on your computer screen during the ordering process.
26. We cannot be held responsible or liable for colour variance on an order that has been printed with us, regardless of when it was printed. However, if you are not happy with a product that you have received, we may at our discretion offer a reprint or a refund. We are not liable to offer both. Please contact us by telephone at 07931 283182 or email at firstname.lastname@example.org if you wish to discuss this further with us.
MODIFICATIONS TO OUR SERVICE AND PRICING
27. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation. Prices include delivery and VAT unless the product is generally zero-rated for VAT (this will generally depend upon which product you order from us). In this case, we will contact you if VAT becomes payable. If you do not wish to proceed with the order and pay VAT, you may cancel the order and we will issue a full refund to you.
28. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
29. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
30. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
31. Where you select a "next day delivery" option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday.
32. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
33. Where items have not been dispatched prior to a cancellation request, our refund policy will apply.
34. Where you have ordered a personalised product you may not be able to cancel for a full refund.
LIABILITY AND INDEMNITY
35. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
36. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
37. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
39. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
40. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.