Terms and Conditions
Terms of Sale – londonpremiumdesigns.com
This page (together with the documents referred to in it) sets out the terms and conditions on which we supply any of the services (“services”) listed on our website londonpremiumdesigns.com (“our site”) to you. Please read these terms and conditions carefully before ordering any services from our site. You understand that by ordering any of our services, you agree to be bound by these terms and conditions.
Should you wish to print a copy of these terms and conditions for future reference, press ctrl + p to do so.
1. INFORMATION ABOUT US
Our site is operated by London Premium Designs Ltd (“we/us/our”). We are registered in England and Wales and our registered address is 554 Streatham High Road, SW16 3QG.
2. YOUR STATUS
2.1. By placing an order through our site you warrant that:
2.2.1. you are legally capable of entering into binding contracts; and
2.2.2. you are at least 18 years old.
2.3. If you are placing an order through our site on behalf of a business, you warrant that you have the necessary authority from that business to place the order.
2.4. You agree only to provide a third party’s personal information if they have given you express consent to use it in respect of the services you have ordered.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1. Your order constitutes an offer to us to buy a service or services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the “Order Confirmation”). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us (“Contract”) will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the contract cannot be varied without our prior written consent.
3.2. As all of the services will be made to your specification or will be personalised by you, you will not have any right to cancel the supply of any of the services once you have placed an order. If, however, an order is incorrectly placed, please contact us as soon as possible by email at firstname.lastname@example.org. If your order has not yet been submitted to print, we may (at our sole discretion) allow you to cancel the order and issue a refund to you to enable you to place re-order the services. However, if the order has been submitted, we will be unable to issue such cancellation.
3.3. We take payment at the time that you place an order with us. Please see paragraph 12 below for further information regarding prices and payment.
4. USE OF OUR DESIGNS
4.1. Our site and all intellectual property rights therein (including all text, imagery, template designs, trade names and logos) are owned by, or licensed to, us. Subject to paragraph 4.2 below, you may use our site and the template designs for the purpose of creating services and placing orders, but such use shall not transfer ownership of any part of our site or our intellectual property rights to you. As set out in paragraph 5.8, you will only own Your Material and any customised element of our template designs.
5. MATERIAL AND INFORMATION PROVIDED BY YOU
5.1. Whenever you make use of a feature that allows you to upload material to our site (“Your Material”) you must comply with the content standards set out in paragraphs
5.2 and 5.3 below (“Content Standards”). 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.
5.2. Your Material must:
5.2.1. be accurate (where it states facts);
5.2.2. be genuinely held (where it states opinions); and
5.2.3. comply with the law applicable in England and Wales and in any country from which it is uploaded.
5.3. Your Material must not:
5.3.1. be defamatory of any person;
5.3.2. be obscene, offensive, hateful or inflammatory;
5.3.3. promote sexually explicit material;
5.3.4. promote violence;
5.3.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.3.6. 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;
5.3.7. be likely to deceive any person;
5.3.8. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.3.9. promote any illegal activity;
5.3.10. be in contempt of court;
5.3.11. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
5.3.12. be likely to harass, upset, embarrass, alarm or annoy any other person;
5.3.13. impersonate any person, or misrepresent your identity or affiliation with any person;
5.3.14. 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
5.3.15. 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.
5.4. We have the right to remove any of Your Material if, in our opinion, Your Material does not comply with the Content Standards. You will receive a full refund of any sums already paid for an order we do not fulfil.
5.5. In addition to complying with the Content Standards, you agree that all of Your Material uploaded by you onto our site will be done at your own risk. You must retain a copy of Your Material that you upload. We expressly exclude all liability for any uploaded Your Material which is lost or damaged during or after the uploading process.
5.6. Failure to follow our site’s preparatory instructions for uploading Your Material may result in services of poor quality. Please review these instructions carefully. We accept no responsibility for poor quality services in those circumstances. You are further advised to review paragraph 6 below regarding service.
5.8. Nothing in these terms and conditions shall transfer ownership of Your Material or any personalisation of our template designs to us or to any third party. You will continue to own all of Your Material and any personalisation that you may create through our site. As set out in paragraph 4 above, we will continue to own all of our site and any intellectual property rights therein (including our template designs).
6.1 We shall have no liability to you for any errors in the proof subsequently discovered by you.
6.2. Your statutory rights are not excluded, limited or otherwise affected by these terms and conditions.
7. AVAILABILITY AND DELIVERY
7.1. Working days are Monday to Friday, excluding UK Bank Holidays.
7.2. Where delivery is delayed due to exceptional circumstances or a Force Majeure Event, we will process the delivery as soon as we reasonably can and will keep you updated regarding this by email. We will have no liability to you in that circumstance.
8.1. The images of services and template designs on our site are for illustrative purposes only.
8.2. You accept that variations in colours are inherent within the design process for files submitted. You also understand and accept that computer hardware is such that we cannot guarantee that the print colours will match those displayed on your computer screen during the ordering process.
9. PRICE AND PAYMENT
9.1. The price of any services will be as quoted on our site from time to time or during consultation, except in cases of obvious error. We sell a large number of services through our site and it is always possible that, despite our best efforts, some of the services on our site may be incorrectly priced. If we discover an error in the price of the services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and will notify you. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the services and refund you any sums you have paid.
9.2. 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.
9.3. You may pay for services using PayPal, any debit or credit card.
10. OUR LIABILITY
10.1 Our liability in connection with any service purchased through our site is strictly limited to the purchase price of that service.
10.2. We do not exclude or limit in any way our liability:
10.2.1. for death or personal injury caused by our negligence;
10.2.2. under section 2(3) of the Consumer Protection Act 1987;
10.2.3. for fraud or fraudulent misrepresentation; or
10.2.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.3. Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for:
10.3.1. any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or
10.3.2. any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
10.4. Except as expressly stated in these terms and conditions, we do not give any representations, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the services are suitable for your purposes.
10.1. We shall not be liable in respect of any claim unless we are notified in accordance with paragraph.
10.2. Except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.
11. WRITTEN COMMUNICATIONS
12.1 You must give notice to London Premium Designs Ltd Ltd either at its registered office by registered post at your cost, or electronically using the messaging facility on our site. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 16. Notice will be deemed received and properly served:
12.1.1. within 1 working day when given electronically; and
12.1.2. 3 working days after the date of posting of any letter when served by post.
12.2. In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1. The Contract is binding on you and us and on our respective successors and assigns.
13.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1. Strikes, lock-outs or other industrial action;
14.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5. Impossibility of the use of public or private telecommunications networks; and
14.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
14.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1. We have the right to revise and amend these terms and conditions from time to time.
18.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the services).
19. THIRD PARTY RIGHTS
The Contract is between you and us. No other person has any rights to enforce any of its terms.
20. LAW AND JURISDICTION
Contracts for the purchase of services through our site will be governed by the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales
21. CALL RECORDING
At London Premium Designs Ltd we want to ensure that all calls are dealt with in a consistently professional manner and, therefore, calls may be recorded for training, quality and monitoring purposes. You will also be advised of this at the start of each call that you may have with us. If you do not consent to such recording, please let us know and we will either remove the recording from our calls with you or we will contact you by other means.