Terms & Conditions This page (together with the documents referred to on it) tells you the terms and conditions on which we supply your specially created product (product or products) listed on our websites www.izeezi.com (or any file extension thereof - our sites) to you. Please read these terms and conditions carefully before ordering product from our site(s). You should understand that by ordering product, you agree to be bound by these terms and conditions. You should, and we recommend you, print a copy of these terms and conditions for future reference. 1 Information about us Our sites are operated by izeezi.com limited (we), registered address Seven Jordan, Pewsham, Chippenham, SN15 3FP, UK. We are registered in England and Wales under company number05472870 and our VAT number is 779 3421 93. You can contact us using the Contact form on the site. 2 Your status 2.1 You are able to order products from any part of the world on this Site unless there are restrictions in your home country on ordering our products. It is your responsibility to ensure that you are not restricted in any way from doing do. 2.2 By placing an order through our site, you confirm that you are legally capable of entering into binding contracts. 3 How the contract is formed between you and us After following our easy step process of choosing and personalising product you will then place an order, following the approval process described on the site. Once you have placed your order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy product. All orders are subject to acceptance by us. 4 Consumer rights 4.1 The Product(s) you are ordering is made to your specification and clearly personalised and once you have confirmed the specification of product(s), you will not have any right to cancel a Contract for the supply of the product(s) after you have placed your order. 4.2 Nothing in these terms and conditions affect your statutory rights where you are a consumer. 5 Specification 5.1 All Product(s) will have pre-determined features in common and tolerances and you will not be able to vary these features or tolerances when ordering your Product(s) and accept such on finished product(s) 5.2 You agree that you are solely responsible for you own choice of any pictures that you include on your Product(s), and for any special dates you include and other personalisation of the Product(s) you make. For events such as football fixtures, we use the latest information provided to us from third parties. We are not responsible for any error in this information. You also acknowledge that sporting fixtures, gigs and other events are subject to changes, including due to television commitments, and to cancellation or postponement. 6 Security and access obligations 6.1 The area of the Website where you purchase and save your created Product(s) may be password protected. Once you have created the Product(s) on the site, you may be assigned user security details, which may include user names, passwords and other security devices (the "User Security Details") to permit access to and use of this area of the Website ("the Product(s) Area"). 6.2 You agree and will ensure that you will keep all User Security Details strictly confidential. You will and will ensure that any Third Party on behalf of whom you access the Product(s) Area will have and/or maintain adequate security procedures to prevent disclosure of the User Security Details and/or access to the Product(s) Area by all other persons. 6.3 You are responsible for all uses of User Security Details and for any acts or omissions during such use (including without limitation the entry into any transactions) and we shall be entitled to treat any access to or use of the Product(s) Area as having been duly authorised unless you have complied with paragraph 6.4 below. 6.4 You will immediately notify us (a) if someone knows your User Security Details; (b) if someone has accessed your user account; (i) of any loss misuse or theft of User Security Details; (ii) if you believe the confidentiality of any User Security Details has been compromised or the same is likely to be misused and (iii) of any actual or threatened unauthorised use of User Security Details or the Product(s) Area. If any of the same has happened you should change your password immediately. You will give us all the information you have regarding unauthorised access to your Account to enable us to investigate the matter and you will cooperate with us and the police in any investigation. 6.5 You will comply with any security policy and procedures specified from time to time and, if access to the Website is through a third party server, any security procedures specified by that third party. 6.6 We may refuse access to your user account if we suspect that an unauthorised person is attempting to log into your user account or if incorrect User Security Details are repeatedly used in attempting to log in. We may issue you with a new password at any time and for any reason. If this happens your existing password will become invalid and you must use the new password to access the Product(s) Area. 7 Use of this site 7.1 You agree that you will use this site carefully, and you will not use this site: 7.2 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. 7.3 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 8 Availability and delivery 8.1 We normally expect that your order will be fulfilled according to the dates that we show on the website and from the date we receive full payment of all sums due in respect of the Product(s), unless there are exceptional circumstances. 8.2 Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including any delivery charges. 9 Price and payment 9.1 The price of the Product(s) will be as quoted on our site from time to time, except in cases of obvious error. 9.2 These prices include VAT (Taxes) where applicable, but exclude delivery costs, which will be payable in addition to the Product(s) price. 9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. 9.4 We will normally verify prices as part of our dispatch procedures so that, where a Product(s)'s correct price is less than our stated price, we will charge the lower amount when dispatching the Product(s) to you. If a Product(s)’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product(s), or reject your order and notify you of such rejection. 9.5 We are under no obligation to provide the Product(s) to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. 9.6 Payment for the Product(s) must be by PayPal, credit card, debit card or similar. We accept payment with those providers assigned to our Merchant(s). We will charge your credit card, debit card or other immediately on you placing your order. 10 Our refunds policy 10.1 When you return a Product(s) to us because you have cancelled the Contract between us as permitted in these terms and conditions, or have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product(s) is defective, we will examine the returned Product(s) and if we accept that the Product(s) has been validly returned, will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the date we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product(s). 10.2 Product(s)s returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 11 Our liability 11.1 We warrant to you that any Product(s) purchased from us through our site is of satisfactory quality. 11.2 Our liability in connection with any Product(s) purchased through our site is strictly limited to the purchase price of that Product(s). 11.3 This does not include or limit in any way our liability: 11.4 We accept no liability for any 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 for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 12 Import duty 12.1 If you order Product(s) from our site for delivery outside the country of print and fulfilment, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) is destined. We will not be liable for any breach by you of any such laws. 13 Written communications Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 14 Notices All notices given by you to us must be given to izeezi.com limited by registered post to Seven Jordan, Pewsham, Chippenham, SN15 3FP, UK. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 15 Transfer of rights and obligations 15.1 The Contract between you and us is binding on you and us and on our respective successors and assigns. 15.2 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. 15.3 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. 16 Events outside of our control 16.1 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). 16.2 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: · strikes, lock-outs or other industrial action; · natural disasters, civil disorder, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; · failure of the internet or our site due to circumstances beyond our control or failure of the use of public or private telecommunications networks; · the acts, decrees, legislation, regulations or restrictions of any government. 16.3 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. 16.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. 17 Waiver 17.1 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. A waiver by us of any default shall not constitute a waiver of any subsequent default. 17.2 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above. 18 Severability 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. 19 Entire agreement 19.1 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. 19.2 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. 19.3 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. 20 Our right to vary these terms & conditions 20.1 We have the right to revise and amend these terms and conditions from time to time. 20.2 You will be subject to the policies and terms and conditions in force at the time that you order the Product(s) 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 (in which case we have the right to assume that you have accepted the change to the terms and conditions). 21 Law and jurisdiction Contracts for the purchase of Product(s) through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. 22 Personal data Your personal information will be collected on the terms of our Privacy Policy, which forms a part of these terms and conditions. 05 03