Terms and Conditions
IMPORTANT LEGAL NOTICE: This website at www.newframes.co.uk and www.newframes.online is operated and managed by Newframes Limited trading as Newframes.
Newframes Limited company details are as follows:
Registered Office 25 Beak Street, Soho, London, United Kingdom, W1F 9RT
Company Number: 111912342
Email address: firstname.lastname@example.org
Telephone no: +44(0)20 7437 8881
DEFINED WORDS: In these terms and conditions a capitalised word has a particular meaning. This paragraph explains the meaning of some of those capitalised words by showing the relevant words in brackets after their meaning. Other meanings are explained in other paragraphs in the same way. These terms and conditions (“Terms”) relate to the supply of any of the services (“Services”) and/or products (“Products”) listed on this website at www.newframes.co.uk and www.newframes.online (“Website”). Any reference in these Terms to “we”, “us” or “our” is a reference to Newframes Ltd and any reference to “you” or “your” is a reference to any user of the Website and, where relevant, the recipient of any Product or Service from the Website.
THESE TERMS ARE BINDING: Please read these Terms and Conditions carefully and make sure that you understand them before using the Website including to use any Services and/or order any Products. If you do not understand any of these Terms and Conditions you can ask us to explain them further by emailing us at email@example.com. Your use of the Website indicates your unconditional agreement that you accept and agree to be bound by the Terms and Conditions in effect at the time of usage regardless of whether or not you choose to register with the Website. We may alter all or any part of these Terms and Conditions (including the Products and Services which are available from the Website) at any time. You will need to check these Terms and Conditions to confirm if they have changed since you last read them.
If you do not accept the Terms and Conditions, you should not use the Website. You should review these Terms and Conditions regularly as your continued use of the Website means you accept the Terms as modified. Please understand that if you refuse to accept the Terms, you will not be able to order any Products from the Website.
These Terms were last updated on: 1st February 2013 You should print a copy of these Terms for future reference.
(a) The Services available via the Website may include the following as well as others:
(b) An online address book detailing names, addresses, date of birth, and other
information about your contacts, which will be compiled from information provided by you;
(c) The online purchasing of certain Products
(d) Prize draws and competitions.
(e) The products (“Products”) available via the Website may include the following as well as others:
(f) Bespoke frames, ready-made frames, greeting cards, personalised greeting cards, other personalised ideas, calendars, notebooks, diaries, photo printing, poster printing, gifts and other products we offer for sale on our website
(g) You may access some areas of the Website without registering your details with us. There are certain areas of the Website which are only accessible if you register.
(h) If you access the Website via a mobile smartphone you acknowledge, you may be asked to agree to specific terms and conditions from that mobile smartphone. You should read those terms and conditions carefully before agreeing to them as terms and conditions that are additional to or different from these Terms may apply.
2. YOUR STATUS
(a) By using the Website, you confirm that:
(b) You are legally capable of entering into binding contracts, and
(c) You are at least 18 years old.
3. THE CONTRACT BETWEEN YOU AND US FOR PURCHASING PRODUCTS AND SERVICES
(a) When you purchase any Products and Services through our Website you will be entering a legally binding contract with us.
(b) After placing an order, you will receive communication 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 a Product or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you communication that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation. Please note that we reserve the right to stop your order – even after sending the Dispatch Confirmation – if we have reasonable grounds to believe that your order is fraudulent. If this is the case, then we will notify you by email or by post.
(c) The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
(d) Prices charged to UK customers as identified on the Website are inclusive of any
applicable VAT, which at the current rate is 20% and any other statutory taxes which may be applicable
4. ORDER CANCELLATION PROCEDURES
(a)Consumers have the right to cancel contracts for the purchase of items within seven (7) working days of the day after placing the order in some circumstances (This is not applicable on personalised products, special orders or bespoke frames),
(b) If you want to cancel an order, please follow our procedure which is the following: please notify us quoting your name and order number by email at firstname.lastname@example.org and by also recorded post to 25 Beak Street London, United Kingdom, W1F 9RT, if the following does not adhere to we will not honour the cancellation.
(c) Following receipt of your notification, we will arrange for you to be refunded.
(d) If you cancel your order during this seven (7) day cooling-off period we will refund the cost of the Products and (if the Products have already been delivered to you) the cost of sending the Products to you as follows:
(e) If you return a Product that was part of a larger order, we will refund any specific
delivery charges that you incurred for that particular Product;
(f) If you return your entire order, we will refund the delivery charge incurred.
(g) We will not refund your costs in returning the Product to us and other services
provided to you in connection with your purchase (such as non-standard delivery) unless you are returning the item to us because of an error on our part.
5. INTELLECTUAL PROPERTY RIGHTS
(a) You are permitted to print off, and may download extracts, of any page(s) from the Website for your own personal use only and subject to the following conditions:
(b) no document(s) or related graphic(s) on the Website are modified in any way;
(c) no graphic(s) on the Website is used separately from the corresponding text; and
(d) our copyright and trademark notices and this permission notice appear in all copies.
(e) Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including photographs and graphical images) are owned by us or our licensors and any use of extracts from the Website other than in accordance with our terms and conditions is prohibited. Where you breach any part of the Terms and Conditions, your permission to use the Website shall automatically end and you must immediately destroy any extracts you have downloaded from the Website.
(f) With ‘Photo upload’ the original photographer of the image you upload will remain the copyright of you or the person who allows you to upload their photograph. It is your responsibility to ensure that you obtain the permission of the copyright owner to use any image you use but do not own. We will not be held responsible if any image you upload infringes any third party rights. If we incur any costs (such as legal costs) or become liable to make any payment to a third party (such as damages) because an image you upload infringes someone else’s rights you agree that you will refund us those costs and payments. When you upload please make sure your photo is a high-resolution image? For best-printed results, we recommend all images be 300dpi and no less than 1000 Pixels in height or width. Most digital cameras will take photo’s easily large enough, however, images saved from 3rd party websites can be too small or an incompatible file format. Make sure your photo a .jpg file format? If not then we recommend you open it in the standard picture viewing software on your computer (PC users choose ‘Windows Picture & Fax Viewer’, Mac users choose ‘Preview’) and Save it again in the correct format. Uploading your image to the website from a Flash Drive, a Dongle, a Digital Camera or any other external devices could cause problems. To avoid any issues, please save any images onto your computer first then upload from that location to our website.
(g) No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
(h) Any rights not expressly granted in these Terms and Conditions are reserved for our sole and exclusive benefit.
7. WEBSITE ACCESS & AVAILABILITY
(a) We shall endeavour to ensure that access to and use of the Website is available 24 hours a day, 7 days a week, 365 days a year – however, access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall have no liability whatsoever if for any reason the Website is unavailable at any time or for any period.
8. WEBSITE VISITOR MATERIAL & CONDUCT
(a) Any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our assignees and licensees shall be free to use, copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sound, text and other things embodied therein for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
(b) We will not be responsible for, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
(c) You are prohibited from posting or transmitting to or from the Website any material: That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of technologically harmful data).
(d) You may not misuse the Website in any way (including, without limitation, hacking into the Website) or interfere with any other person’s use and enjoyment of the Website or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
(e) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
(f) We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the Website may be suspended or terminated by us.
(g) We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 8 (d) or acting in breach of paragraph 8 (e)
9. HYPERLINKS TO THIRD PARTY WEBSITES
(a) The Website may include hyperlinks to third party websites. These are provided solely for your information and convenience. If you use a hyperlink you will be leaving our Website. If you decide to access any third-party website(s) using hyperlinks on the Website, you do so entirely at your own risk.
(b) We do not review any third-party websites which are accessed from hyperlinks placed on the Website and we do not control and are not responsible for any third-party websites including their content, availability or security measures, or any loss or damage that you may suffer from your use of them. We, therefore, do not endorse or make any claims about third-party websites, any material found on them or any results that may be obtained from using them.
10. WEBSITE REGISTRATION
(a) To register with the Website you have to enter your personal details. To register with the Website, you must be over eighteen (18) years of age.
(b) Each registration is for a single user only. We do not permit you to share your user
name and password with any other person nor with multiple users on any network.
(c) Responsibility for the security of any password(s) issued by us rests solely with you.
11. PROMOTIONS AND DISCOUNT CODES
(a) Multi-Buys, Special Promotions, Sales and Clearance Offers We may from time to time extend an offer or reduce our prices for a promotion or sale, whereby a discount will be added when purchasing Products and Services on the Website. Full terms and conditions on any such offering will always be set out clearly on the appropriate webpage on the Website. We reserve the right to withdraw these offers at any time upon notice. All promotional codes need to be entered in the box at the basket stage and the discount will be applied to your order. Please note that only one promotional code can be used per order. Please note Promotional codes cannot be used in conjunction with any other codes or offers. If for some reason your code doesn’t work, please check the expiry date. If it is still valid then contact our Customer Service team who will be happy to assist.
(a) Newframes Ltd and any other party involved in creating, producing, maintaining or delivering the Website will not be liable to you in connection with the use, inability to use or the results of the use of the Website, any websites linked to the Website or the material on such websites. While we take reasonable steps to ensure the Website is virus and error-free we do not guarantee this. You should take steps to protect your computer equipment from virus and similar threats (for example, by using anti-virus software and firewall protection). You should not use the Website if you are not satisfied with this provision.
(b) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence; death, personal injury or damage to property caused by a defective Product; fraud or fraudulent misrepresentation; breach of the term implied by section 12 of the Sale of Goods Act 1979 (that we have the right to sell the products we sell); breach of the terms implied by sections 13-15 of the Sale of Goods Act 1979 (that Products we sell will: (1) correspond with any description we provide; (2) be fit for purpose, and (3) be of satisfactory quality; breach of the terms implied by section 2 of the Sale of Goods and Services Act 1982
(that you will have quiet possession of Products you purchase and that Products you
purchase will be free from encumbrances).
(c) No event shall our total aggregate liability to you for all and any damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Website, purchasing the Products and/or using the Services provided via the Website.
(d) If you do not understand anything in this paragraph 14, or need more information
about what the laws referred to say, please contact us by email at email@example.com. Depending on your question we may suggest you should take independent legal advice or contact a consumer advice body.
13. DISCLAIMER OF WARRANTIES
(a) Whilst we shall endeavour to ensure that the information on the Website is true and correct, we do not confirm the accuracy and completeness of the material on the Website other than to the extent it is a Product or Service description. We may make changes to the material on the Website, or to the Services, the Products and/or the prices described in Website, at any time and without notice. Material on the Website may be out of date, and we make no commitment to update such material other than to the extent it is a Product or Service description.
14. WRITTEN COMMUNICATIONS
(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, 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 the 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.
15. EVENTS OUTSIDE OUR CONTROL
(a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms and Conditions that is caused by events outside our reasonable control
(b) Events which are out of our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes the following:
strikes, lock-outs or other industrial action; a civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; the impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.
(c) Our performance under the Terms and Conditions is deemed to be suspended for the period that it is out of our control and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours if it does last longer than 30 days you may cancel your order without any further liability to us.
(a) If either we or you fail to insist upon strict performance of any obligations of the other under these Terms and Conditions, or if we or you fail to exercise any of the rights or remedies to which we or you are entitled under these Terms and Conditions, this will not constitute a waiver of
such rights or remedies and will not relieve the other party from compliance with such obligations
(b) A waiver of any default will not constitute a waiver of any subsequent default.
(c) No waiver of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated in writing.
17. ENTIRE AGREEMENT
(a) These Terms and Conditions set out the basis of our contract. To protect your own interests please
read the Terms and Conditions carefully before ordering. If you are uncertain as to your rights under
them or you want any explanation about them please contact us for clarification. If you agree with anything without staff which is different from these terms and conditions, then please ensure you ask for this to be put in writing. In that way, we can avoid any problems surrounding what you and we are expected to do.
18. GOVERNING LAW & JURISDICTION
(a) The Terms and Conditions shall be governed by and construed in accordance with English law.
Disputes arising in connection with this legal notice shall be subject to the nonexclusive jurisdiction of the English courts.
(a) If any paragraph or sub-paragraph of these Terms and Conditions is held by a competent authority to be invalid or unenforceable the validity of the other paragraphs and subparagraphs of these Terms and Conditions shall not be affected and they shall remain in full force and effect.
20. THIRD-PARTY RIGHTS
(a) A person who is not a party to these Terms and Conditions shall not have any rights under or in
connection with them under the Contracts (Rights of Third Parties) Act 1999.
(a) All other communications should be provided to Newframes Customer Services by email: firstname.lastname@example.org