Last updated on 31.07.2024
Meissa Print
Terms & Conditions
Welcome to www.meissaprint.co.uk, website operated by Anne Struck trading as Meissa Print, of 12, Sannox Drive, North Ayrshire, KA21 6JE.
In these terms, we refer to ourselves as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being www.meissaprint.co.uk and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products and services through this Website (“Products”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [CLICK].
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: Terms for when you buy Products (applies when you buy)
- Part B: Terms for when you browse and interact with this Website (applies when you browse)
- Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
A. For When You Buy Products…
YOUR KEY INFORMATION (APPLICABLE IN CASE YOU BUY THE PRODUCTS AS A CONSUMER)
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your Products, in some cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all our Products are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.
During the expected lifespan of your Product, if this Act applies to you, you’re entitled to the following:
- up to 30 days: if your goods are faulty, you can get a refund;
- up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
- up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights in the United Kingdom. For detailed information, (a) customers in England and Wales, please visit www.citizensadvice.org.uk or call 0808 223 1133; and (b) customers in Scotland, please visit www.consumeradvice.scot or call 0808 164 6000.
The information above summarises some of your key rights if you buy the Products as a consumer. It is not intended to replace the contract below, which you should read carefully.
If you have any questions about this contract or any orders you have placed, please contact us by sending an email to: contact@meissaprint.co.uk
- SUBMITTING AN ORDER
- ORDERS
- By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
- you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
- you are authorised to use the debit or credit card you provide with your Order.
- If you use the Website on behalf of a company or organisation, you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and purchasing the Products on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
- Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
- Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
- By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
- INFORMATION WE GIVE YOU
- By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these terms. If you cannot access this information for any reason, you are welcome to contact us using the functionality on the website, or at the contact email address above, and we will provide you with a copy of this information.
- The key information we give you by law forms part of this contract (as though it is set out in full here).
- If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
- ORDERS
- ACCOUNTS
- ACCOUNTS
- In order to use some of the functionality of the Website, you will be required to sign-up, register and receive an account through the Website (an Account).
- As part of the Account registration process and as part of your continued use of the Website, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, payment details, ratings and reviews and other information as determined by us from time to time.
- You agree that you’re solely responsible for:
- maintaining the confidentiality and security of your Account information and your password; and
- any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
- You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
- Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
- We reserve the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- We may suspend or cancel your Account for any reason, including for any failure to comply with the Terms.
- You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
- We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
- You agree to release us from any and all liability for any loss or damage that arises out of or in connection with information you provide that is not accurate, honest, correct or up-to-date.
- ACCOUNT CANCELLATION
- (Cancellation by you) You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided on the Website.
- (Cancellation by us) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Website at any time without notice, for any reason, provided that we refund to you any fees for Products which you have paid for and not received. We may also terminate your access to any or all of the Website at any time without notice without issuing a refund if you breach any provision of these terms.
- ACCOUNTS
- PRODUCTS
- PRODUCTS
- We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website. We try to make sure that:
- all weights, sizes and measurements set out on the Website are as accurate as possible, but due to the nature of the Products, there may be some small deviations in such weights, sizes and measurements in the actual Products than those specified on the Website; and
- the colours of our Products are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.
- Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Products we provide to you must be as described, fit for purpose and of satisfactory quality.
- We are under a legal duty to supply you with Products that are in conformity with this contract (subject to your Order being accepted and confirmed).
- The packaging of the Products may be different from that shown on the Website.
- We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website. We try to make sure that:
- REVIEW OF THE PRODUCTS
- You are entitled to any revisions and to provide feedback and reviews of the Product as set out in your Order or as otherwise agreed in writing.
- If we have provided Products to you for you to review, you must provide this review within the time specified by us (generally, we will require you to review a draft of the Product prior to processing your Order) or, if no period is specified, then promptly (Review Period).
- If no changes are requested within the Review Period, then the Products will be taken to have been completed, approved, and accepted by you (Accepted).
- For any additional revisions or changes requested by you after the Review Period, you must pay additional service fees for these changes to be made.
- You are ultimately responsible for approving all Products (generally prior to your Order, or in your Order), including proofs and ensuring accuracy and suitability. Whilst every effort has been made for accuracy, your approval to proceed with an Order (or otherwise by Accepting the Product) constitutes acceptance of full responsibility for any errors and omissions within the Products. We will not accept liability for errors overlooked by you at the stage of final proofing.
- FAULTY PRODUCTS
- If you are a Consumer, your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
- contact us using the contact details on our site;
- if you are a customer in England and Wales, visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133; or
- if you are a customer in Scotland, please visit www.consumeradvice.scot or call 0808 164 6000.
- Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights under law.
- If your Products are faulty, please contact us using the contact details at the top of this page.
- If you are a Consumer, your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
- PRODUCTS WARRANTY
- All Products come with a warranty period of 24 months from the date of delivery, and the Products shall:
- subject to the provisions of these terms, conform in all material respects with their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
- Subject to clause (c) below, if:
- you give us notice in writing within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in these terms;
- we are given a reasonable opportunity of examining the Products; and
- we ask you to do so, and you return the Products to us at your cost;
- All Products come with a warranty period of 24 months from the date of delivery, and the Products shall:
- PRODUCTS
we will, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
- We will not be liable for breach of the warranty set out in this clause, if:
- you make any further use of the Products, after giving notice to us under clause (b) above;
- you alter the Products without our written consent;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- Except as expressly states in these terms, all express or implied representations and warranties in relation to Products and the associated services performed by us, to the maximum extent permitted by applicable law, are excluded.
- Nothing in these terms is intended to limit the operation of the Consumer Law contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Under the Consumer Law, the Buyer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
- PAYMENT
- All prices are:
- per unit (except where otherwise indicated);
- in British Pounds or in United States Dollars (except where otherwise indicated); and
- subject to change prior to you completing an Order without notice.
- (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
- (VAT) Unless otherwise indicated, amounts stated in an Order do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us including that amount in the Order, or otherwise providing a tax invoice.
- (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products, including Stripe and PayPal. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Stripe’s terms of use are available here: https://stripe.com/gb/checkout/legal. Stripe’s Services Agreement with us is available here: https://stripe.com/gb/ssa. Both sets of terms are binding on you. PayPal’s terms or use are available here: https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full?locale.x=en_GB
- (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
- All prices are:
- DELIVERY AND SHIPPING
- Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
- For information on delivery options and costs, visit our Website. During the online checkout process, you will be given available delivery options to choose from.
- The estimated date and time window for delivery of Products is set out on our Website, and in your Order.
- If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
- Delivery will take place to the address provided by you when you placed your Order with us.
- Unless we agree in writing otherwise, if we cannot deliver your Product within 30 days of the date of your Confirmation Email, we will:
- let you know;
- cancel your order; and
- give you a refund.
- If nobody is available to take delivery when it is delivered to your delivery address, please contact us using the contact details on our Website.
- You are responsible for any Products once it has been delivered to the address specified by you when you placed your Order. In other words, the risk in the Product passes to you when you take, or a third party notified by you takes, possession of the Product.
- Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. Subject to the other provisions of this clause 5, all delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
- We reserve the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
- CHANGES TO YOUR ORDER
- CANCELLATION BY US
We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
- CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you, subject to the rest of this clause 6 – our refunds and exchanges process may apply.
- CONTRACTS THAT CAN BE CANCELLED FOR CHANGE OF MIND
- For many contracts for the sale of goods (except those set out in clause 6.4), you have the right to cancel Part A of these terms (as they relate to the good) within 14 days without giving any reason.
- This cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the relevant goods.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us in writing, for example by emailing us using the contact details available on our website.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- CONTRACTS THAT CANNOT BE CANCELLED FOR CHANGE OF MIND
- We do not offer change of mind cancellation for contracts for goods that are made to your specifications or are clearly personalised.
- Even if you are a Consumer, for these goods, we are under no obligation to offer a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- This does not affect your statutory rights in relation to faulty goods, as set out in clause 6.5.
- FAULTY GOODS
- For all goods purchased, you have statutory rights if your order has been damaged in transit or the goods were not of satisfactory quality or as described, which may entitle you to a replacement or refund. Nothing in this clause 6.5 will require us to provide a refund, repair or replacement in respect of loss or damage to goods caused by you, or otherwise caused to the goods after they entered your possession.
- If you do have the right to cancel these terms due to the relevant Product(s) being faulty, we will reimburse to you all payments received from you in respect of the relevant Product, including the cost of delivery (except for any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- RETURNS PROCESS
- If you wish to cancel this contract:
- due to change of mind, in accordance with clause 6.3; or
- due to the goods being faulty, in accordance with clause 6.5,
- If you wish to cancel this contract:
we will reimburse you all payments received by you, including the cost of delivery (subject to clause 6.5(b) and the process set out in this clause 6.6 will apply, provided that:
- clause 6.3 applies to the relevant good; or
- the relevant good is faulty in accordance with clause 6.5,
and if neither apply, then we may refuse your refund/cancellation request.
- We will use the same method of payment for issuing any refund owed to you using the method you used for your initial payment, unless we have expressly agreed otherwise.
- We may make a deduction from any reimbursement issued to you for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
- We will pay any refund owed to you without undue delay, and not later than:
- 5 business days after the day we received back from you any goods supplied;
- (if earlier) 5 business days after the day you provide evidence that you have returned the goods; or
- if there were no goods supplied, 5 business days after the day on which we are informed about your decision to cancel this contract (if applicable).
- For any valid cancellation under clause 6.1, we may withhold reimbursement until we have received the relevant goods back from you or you have supplied evidence of having sent back the goods, whichever is the earliest.
- For any requested refund under clause 6.5, we may withhold reimbursement until we have inspected the relevant goods, to ensure that they are faulty, and that a refund or replacement is appropriate.
- If you have received the goods and wish to cancel these terms under this clause 6.6:
- you must send back the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from these terms to us (if this clause 6.6 is applicable). The deadline is met if you send back the goods before the period of 14 days has expired;
- you will have to bear the direct cost of returning the goods;
- you must provide us with an image of the packaged goods and postage tracking number; and
- you will only be liable for any diminished value of a good resulting from your handling of the good to the extent that handling wasn’t necessary to establish the nature, characteristics and functioning of the good.
- PURCHASE OF EVENT TICKETS
- Through the Website, we may also offer for sale event tickets, as an agent on behalf of the organisers, promoters, artists, venues or producers of an event (Event Promoter), for such events as may be listed on the Website from time to time.
- Any tickets which you purchase from the Website are for personal use. Except as we may agree or Event Promoter allows, you must not re-sell or transfer (or seek to re-sell or transfer) any event tickets in breach of the applicable terms and conditions.
- For any event tickets you purchase from the Website, in addition to the price of the ticket, you may also be required to make payment of a booking fee per ticket or a transaction fees, which fees are non-refundable. Any payments made through the Website towards purchase of tickets will be subject to payment related clauses under these Terms.
- Any tickets purchased through the Website may be despatched to you electronically or by post or made available for collection at the event venue, as may be intimated to you at the time of purchase of tickets.
- For tickets to be delivered electronically, we will use the email address and the mobile number shared by you at the time of creating the Account on the Website.
- For tickets to be delivered by post, the same will be sent to the address provided by you at the time of ordering the tickets and we will also send you an email confirming despatch of your order, at the email address provided by you at the time of creating the Account on the Website.
- In case you do not receive your electronic tickets or an email confirming despatch of physical tickets by post, within 24 hours of your payment, please contact us by sending an email at contact@meissaprint.co.uk.
- Any and all events for which tickets are purchased through the Website are not our responsibility. We do not organise the events and have no responsibility whatsoever for any loss or damage of any kind suffered at or in connection with any event including loss, damage or theft of any personal property at an event.
- Admission to an event is at all times subject to any terms, conditions or rules of the Event Promoter and the venue operator (where the event is organised). If you breach any of those terms, conditions or rules, then the Event Promoter or the venue operator may refuse admission or require you or the ticket holder to leave the venue and you will not be entitled to a refund against your ticket.
- We may share your personal information with the Event Promoter, venue operator or any third party associated with any event for which tickets are purchased through the Website, as may be necessary for the purposes of the event. Use of your personal information by the Event Promoter will be subject to the privacy policy of the respective Event Promoter. It is recommended that you read through the privacy policy of the Event Promoter, available on the Event Promoter’s website.
- Any and all events, for which tickets are purchased through the Website, will be subject to the terms and conditions prescribed by the Event Promoter (a link to which is available on the Website) and we will in no way be responsible for any acts or omission of the Event Promoter or the venue operator.
- INTELLECTUAL PROPERTY
- We retain all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
- In this clause 8, “intellectual property rights” means copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
- VOUCHERS and Discount Codes
- We may provide promotional offers and codes offering a discount on the Products available on the Website (Voucher). To use a Voucher, you will need to enter its code at checkout.
- A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.
- THIRD PARTY SUPPLIERS
- We may do any of the following:
- outsource any part of performing any services related to providing the Products, including delivery of your Products; or
- procure materials and Products from third party suppliers,
- We may do any of the following:
without further notice to or permission from you.
- To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
- For When You Browse This Website…
- ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
YOUR OBLIGATIONS
You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express written consent;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
- instigate or participate in a denial-of-service attack against the Website.
- INFORMATION ON THE WEBSITE
- While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- the Website will be free from errors or defects (or both, as the case may be);
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; and
- any information provided through the Website is accurate or true.
- We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
- While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- INTELLECTUAL PROPERTY
- We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent or as permitted by law.
- THIRD PARTY TERMS AND CONDITIONS
- The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.
- The Customer agrees to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
- LINKS TO OTHER WEBSITES
- The Website may contain links to other websites including the social media platforms, that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
- SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
- Liability And Other Legal Terms…
- LIABILITY
- To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by us, is limited to the greater of:
- the total Fees paid to us by you in the 3 months preceding the first event giving rise to the relevant liability; and
- £100GBP.
- (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
- breach of any of these terms;
- use of the Website; or
- use of any Products, or other goods or services provided by us.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by us (except to the extent this liability cannot be excluded under law.
- Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
- To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
- To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by us, is limited to the greater of:
- competitions and prizes
From time to time, we may run competitions, free prize draws, promotions and giveaways through the Website, which will be subject to such additional terms and conditions as will be made available at the Website at the relevant time. Participation in any such competitions, free prize draws, promotions and giveaways etc., will be open for all users of the Website subject to the user agreeing with such additional terms and conditions as will be applicable for such competitions, free prize draws, promotions and giveaways.
- DISPUTE RESOLUTION
- A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
- A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
FORCE MAJEURE
- If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
- reasonable details of the Force Majeure Event; and
- so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
- Subject to compliance with clause 23(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
- The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible.
- (d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
- act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
- strikes or other industrial action outside of the control of the Affected Party;
- war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
- any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
- GENERAL
- GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
- WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
- SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
- JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
- ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
- COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
- ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
whichever is earlier.
INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing;
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
NOTICES
A notice or other communication to a party under this agreement must be:
in writing and in English; and
delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (contact@meissaprint.co.uk). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; orwhen replied to by the other party,
whichever is earlier.