MadeforMums Photo Cards – Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply personalised photo cards and any other products (the “Products”) listed on our website print.madeformums.com (“our site”) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
INFORMATION ABOUT US
- We operate the website print.madeformums.com. We are Immediate Media Company London Limited (“Immediate”), a company registered in England and Wales under company number 06189487 and with our registered office and main trading address at Vineyard House, 44 Brook Green, London W6 7BT. Our VAT number is GB 870 0066 51.
- We may at any time modify, discontinue, or suspend operation of the site, or any part of it, either temporarily or permanently, without notice to you.
Our site is only intended for use by people resident in the UK. We do not accept orders from addresses outside the UK.
- By placing an order through our site, you warrant that you are legally capable of entering into binding contracts;
- You warrant that any material that you upload to our site (“User Content”) is your own original work and you own the entire right, title and interest in and to your User Content and/or you have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such User Content to enable us to use it in the manner contemplated by these terms.
OUR RIGHT TO TERMINATE YOUR ACCOUNT
- We reserve the right to terminate any account at any time. You agree that we may without prior consent delete your account and any related materials including personal information, User Content, data, text, files, images and all other materials and that we may prevent any further access by you to any such data. In particular, it is our absolute policy to reject any materials, which we, at our discretion, consider to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an 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 a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail 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.
- 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.
AVAILABILITY AND DELIVERY
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
RISK AND TITLE
- The Products will be your responsibility from the time of delivery. If the Product is delivered by electronic means, it will be your responsibility either: (i) at the time we transmit the Product via email or other electronic communication addressed to you or (ii) at the time we transmit a notification to you that the Product is available for downloading from the Site.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
PRICE AND PAYMENT
- The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
- Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- Product prices and delivery charges 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.
- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’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, or reject your order and notify you that we are rejecting it.
- If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
- Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, American Express, Diners Club International and Paypal. We will not charge your credit or debit card until we dispatch your order.
REPLACEMENT PRODUCTS AND REFUNDS
- For Products sold by us which are either personalised and/or bespoke, all sales are considered to be final and non-refundable once a Contract has been formed unless a Product is defective. You will have the opportunity to preview the Products that you have created for printing during the order process.
- If you are unhappy with a Product but it is not defective, you are entitled to request a replacement Product under our “Satisfaction Guarantee”. If you would like to request a replacement Product, you must contact us within 14 days of receipt of the Products either by contacting us at firstname.lastname@example.org or writing to us at F.A.O. MadeForMums - Marketing department, Immediate Media Company London Limited, Vineyard House, 44 Brook Green, London W6 7BT. A replacement Product will be sent to you within a reasonable period of time. We will pay for the delivery cost of sending you the replacement Product.
- If you are unhappy with a Product because it is defective, you must contact us within 14 days of receipt of the Products either by contacting us at email@example.com or writing to us at F.A.O. MadeForMums - Marketing department, Immediate Media Company London Limited, Vineyard House, 44 Brook Green, London W6 7BT. You will be entitled, at your discretion, either to a replacement Product in accordance with the procedure set out in clause 18 or a refund in accordance with this clause 19. If you would like a refund, you will need to return the defective Product by sending it to F.A.O. MadeForMums - Marketing department, Immediate Media Company London Limited, Vineyard House, 44 Brook Green, London W6 7BT within 30 days of receipt of the Products. We will then examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
- A product will not be defective where you have made an error when inputting User Content to be printed on to the Products (for example, and without limitation, where you have misspelt a name or made a typographical error or where you have uploaded the incorrect photograph).
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- We warrant to you that any Product purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
- Subject to clauses 24 and 25, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
- Subject to clause 25, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(a) indirect, special or consequential losses;
(b) loss of income or revenue;
(c) loss of business;
(d) loss of profits;
(e) loss of anticipated savings;
(f) loss of data; or
(g) waste of management or office time.
However, this clause 24 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (g) inclusive of this clause 24.
- Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- 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.
- All notices given by you to us must be given to F.A.O. MadeForMums - Marketing department, Immediate Media Company London Limited at Vineyard House, 44 Brook Green, London W6 7BT. 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 clause 26 above. Notice will be deemed received and properly served immediately when posted on our website, 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.
TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assignees.
- 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.
- 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.
EVENTS OUTSIDE OUR CONTROL
- 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”).
- 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:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
- 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.
- 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 27 above.
- If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
- Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
THIRD PARTY RIGHTS
- A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Schedule 1 – Gelato Group terms
You agree and acknowledge the following in relation to your order of the Products:
- The Products will be produced and provided by Gelato Group and its sub-contactors and the content of your order and details on you are therefore submitted to Gelato Group and its sub-contractors. By ordering Products through our site, you accept and permit Gelato Group and its sub-contractors to perform such processing of personal data, personal information and Customer data and information which may be required to fulfil your order, invoicing and continued operation of our services. You acknowledge and accept that your personal data may be disclosed to law enforcement authorities by Gelato if required to do so by law.
- Gelato Group or its approved payment partner is the party collecting the payments from you.
- Gelato Air and the Services are provided as software as a service and that no guarantees are provided for e.g. availability continuously and/or response times.
- You accept that your contract is between you and Immediate, and that you do not have a direct contractual relationship or any contractual remedies with Gelato Group.
- You warrant that you will not (i) infringe our and/or the Gelato Group’s intellectual property rights (including, without limitation copyright and database rights) in the website; (ii) perform any actions with the intent of introducing to the website any viruses, worms, defects, Trojan horses, malware or any items of a disabling, disruptive or destructive nature.