1.These terms and conditions apply to all orders and supersede all others. Receipt of acknowledgement of an order by you constitutes your acceptance that our conditions are the only conditions that apply to the contract, notwithstanding any purported terms put forward by you.
2. Registration and Accounts- Why to register: You do not need to register to use much of the functionality of the website. However, you must register an account in order to request a Fund Pack or make a purchase from the website. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
- Passwords: As you complete the registration process, you will choose a password to access your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom its user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the service and website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
- Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
- Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-UK user pretends to be a UK user, or disrupts the website or the service in any way.
- Multiple logons: If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
3. Payment Terms Orders can only commence once payment has been received in full. An order is defined as the process of order confirmation, print artwork approval, branding of goods, dispatch of order. The Fund Pack element of our service is completely free of charge. By confirming your order online you are also confirming acceptance of these terms and conditions.
4. Products We reserve the right to alter any details or design of products illustrated without prior notice and while every effort is made to describe our goods accurately on sales literature, email and the website no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
5. Samples Product samples in most instances will be provided unbranded and represent the specification and integrity of the selected product. Due to mass manufacturing processes, we cannot guarantee that the final branded product you receive will match the sample exactly in every aspect. No warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
6. Fund Packs We strive to make every Fund Pack as accurate a representation of your finished product as is possible, within the limitations of the artistic process. However, since the Fund Packs are produced using graphical software, there may be minor differences between the representation on the Fund Pack and the actual finished product. – Product: Products displayed on Fund Packs have been individually photographed specifically for this purpose. There is no computer simulation involved. Due to mass manufacturing processes, we cannot guarantee that the product you receive will be exactly as those depicted on the Fund Pack. No warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. – Colours: Products displayed on Fund Packs have been individually photographed specifically for this purpose. There is no computer simulation involved. Colours displayed on screen must only be considered a representation – each individual computer monitor or VDU will display colours based on its own individual calibration. Additionally, when printed out using desktop printers, the colours are also dependant on the printer’s settings. No warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. – Logo: An artistic judgment is made when putting Fund Packs together, and in particular on the placement and size of a logo on a product. Every effort is taken to ensure that the product images on a Fund Pack represent a true reflection of the finished product. No warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
7. Prices Where applicable, all prices are subject to VAT at the current rate. Prices quoted on the website include branding as per the specification panel on the product page, any artwork charges, printing, delivery and VAT. Prices are subject to sight of client artwork. Prices are honoured at the prevailing website rate at the time of order placement. The Recommended Selling Prices on the website are purely our suggestions – if the price our client chooses to sell at is different to these, then Funditbynet® will accept no responsibility. Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise.
8. Delivery and lead times Every effort will be made to deliver on time, but any delivery day or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. Lead times will be deemed to commence at the date and time that Funditbynet® receive an order confirmation.
9. Claims Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery. All claims with regard to the quality or quantity of the goods shall be made in writing to us, so as to reach us within 5 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of the contract. You must examine all goods delivered at the time of delivery and confirm receipt. We shall not be liable for any loss or damage caused to the goods in transit unless loss or damage is noted at the time of delivery. Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from anticipated delivery date.
10. Liability Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedures set out in 9. Nothing in these terms and conditions shall affect the right of a consumer.
11. Cancellation charges All orders will only go ahead after full payment has been received. If a client wishes to change or cancel an order once production has started, they may incur additional charges to cover this work.
12. Payment by cheque If payment is made by cheque, the production process will proceed in good faith as soon as it is received. If, however, the cheque cannot be honoured, the production process will immediately cease until such time as an alternative payment method is provided. Funditbynet® cannot be held responsible for any resulting delays to the order, deliveries and any consequential loss.
13. Artwork and printing All artwork and printing charges are included in the price unless previously stipulated by us.
14. Changes to artwork In order to print efficiently from the artwork you supply, it may be necessary to adjust or redraw your artwork. You will be advised of the changes made. No printing will take place until Funditbynet® has received your online approval of the artwork. In order to approve your artwork you must log in to your Funditbynet® account and click the ‘Approve Artwork’ button. This MUST be checked thoroughly before approval. The job will not commence until we have received your artwork approval. You must notify us of any discrepancy in the artwork or order as we DO NOT accept liability for any post-completion errors or omissions.
15. Colour variations Due to the variety of materials and the imprinting processes utilised by Funditbynet® and its suppliers, no guarantee can be given to match exactly pantone numbers or colour samples provided by the client. Funditbynet® will endeavour to match as closely as possible to these colour references but cannot be held liable for any further costs that may arise.
16. ‘Me’ Range ProductsThe ‘Me’ range of products comprise items which are digitally printed with individual names (using variable data sets). Our process calls for individual names to be supplied to us in a digital format (MS Word, Excel, etc…). Funditbynet® will produce a ‘master’ artwork featuring the longest and shortest names, by way of example. The client will approve this artwork online and in doing so will accept responsibility for the style and look of the artwork. Funditbynet® will use the supplied digital file to generate the finished prints, and accept no liability for misspellings or incorrect punctuation of the names supplied. In such instances, no refund would be applicable and any reprints would be chargeable.
17. ‘Autograff’ Range ProductsThe ‘Autograff’ range of products comprise items which are digitally printed with individual signatures (using variable data sets). Our process calls for individual signatures to be provided on suitable paper using appropriate media (e.g. a marker pen). Fundibynet® will produce a piece of artwork for each individual signature. The client will approve this artwork online and in doing so will accept responsibility for the style and look of the artwork. Funditbynet® will use the supplied hard-copy signatures to generate the finished prints, and accept no liability for misspellings or incorrect punctuation of the names supplied. In such instances, no refund would be applicable and any reprints would be chargeable.
18. Autograff Range Copyright Issues It is the responsibility of the client to ensure that all relevant permissions are obtained from the authors of the signatures. No warranty is given as to accuracy and no responsibility will be accepted for error or incorrect description and any resulting loss.
19. Fundraiser Liability (The Fundraiser referred to below is defined to be the individual registered on the Funditbynet® system whom actively engages in promoting the product and collecting payments) Fundibynet® cannot be held responsible for the actions of the Fundraiser, or any organisation outside of its control. If, for whatever reason, monies are collected by the Fundraiser using the materials provided by Fundibynet® and are then used fraudulently or for personal gain, Fundibynet® cannot be held responsible. Any contract entered into with Fundibynet® is between the Fundraiser placing the order and Fundibynet®. Fundibynet® cannot be held liable for any claims made by 3rd parties against the Fundraiser. In the event of a default, fraudulent or otherwise, by the Fundraiser, any claim by 3rd parties will be the responsibility of the Fundraiser and not Fundibynet®.
20. General Copyright Issues For any logo supplied by the client, it will be deemed that the necessary permissions have been received for reproduction. No warranty is given as to accuracy and no responsibility will be accepted for error or incorrect description and any resulting loss
21. Force majeure We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising out of any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability to you.