1.2 These Terms constitute a contract between us and govern any Campaign run by you or any Product purchased by you.
1.3 You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time. These Terms were most recently updated on 30th May 2017.
2.1 We operate the website http://www.weareprintsocial.com (the “Website”). Print Social is a trading name of 3rd Rail Limited, a company registered in England and Wales under company number 08463013 and with our registered office at 107 Bell Street, London NW1 6TL, United Kingdom. VAT number is Gb161102170
2.2 To contact us, please email email@example.com
3.1 We make every effort to supply garments that are accurate to the product images displayed on our website, however due to colours appearing differently on different computer screens exact colour matching cannot be guaranteed. Likewise, even though we aim to be as accurate as possible, the print size can appear differently to the visual mock-up depending on whether you order, for instance, a size small t-shirt or a size XXL. Website images are for illustrative purposes only.
3.2 Product packaging may vary from those seen our our website.
3.3 All the products displayed on our site are subject to availability. If a product you have ordered is not available we will inform you by email as soon as possible.
3.4 If the blank garment specified by the Seller is out of stock we reserve the right to replace it with a reasonable alternative. If a reasonable alternative is not available we will inform you by email as soon as possible.
5.1 When you place an order with us we give you the chance to review and (if necessary) correct your order before you submit it. Please take time to read and double check your order details are correct.
5.2 Once you have placed your order we will email you to say your order has been received. However please note that your order will not actually be placed until the campaign you have contributed to becomes successful. Once the successful campaign completes you will receive a confirmation email which is proof that your order has been accepted by us.
5.3 When you receive the order acceptance email this can be considers as a contract by us.
5.4 In the event of a campaign not being successful we will not complete your order and no Contract will come into existence.
6.1 Whenever you make use of a feature that allows you to upload content to our website you must comply with our Content and Copyright and Trademark terms.
6.2 You will warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
6.3 Any content you upload to our website or allow us to upload to our website on your behalf will be considered non-confidential and nonproprietary.
6.4 You retain all of your ownership rights in your content but you are required to grant us and other users of our site a limited licence to use only during your campaign, store and copy that content and distribute if the campaign has been successful.
6.5 When you upload or post content to our website or allow us to do so on your behalf you grant us a worldwide, non-exclusive and transferable licence us to use (only during the campaign length), reproduce into t-shirts and distribute to customers at the end of the campaign. Please note this will not be reproduced in any other way.
We will also display and perform that content in connection with the service provided by our website (including without limitation for use by us to promote our site or the service), and in all and any media with your permission.
6.6 We also have the right to disclose your identity to any third party that is claiming that any content posted or uploaded by you or us on your behalf to our Website constitutes a violation of their intellectual property rights or of the rights to their privacy.
6.7 We reserve the right to remove any content posted on our website without warning if in our opinion it fails to comply with our terms.
6.8 We will never claim to own the content uploaded to our website and it remains the intellectual property of the creator.
6.9 In the event that you wish to terminate your campaign for any reason once launched or the production of any products protected by copyright have not yet commenced as of the date of such cancellation, we will:
(a) only terminate the relevant campaign or remove it from our site if the campaign has made no (0) sales and will fulfil all orders already placed in the event that it is cancelled after this date; or
(b) arrange for refunds to be made in respect of any orders already placed for designs that are found to have been protected by copyright should production of these items not have commenced by the date of cancellation or discovery of copyright infringement.
7.1 It is possible for you to cancel a Contract before the campaign ends, however you do not have a right to cancel a Contract in the event that you do not like the Products when they arrive or you change your mind about the purchase.
7.2 If you reject and return the Products to us under this clause because they are faulty or misdescribed, 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 (standard shipping). The return shipping costs shall never exceed the value of the Product in question. The buyer must attach the receipt for the return shipping costs if these are to be paid by Print Social.
7.3 We (or our payment services provider) refund you by the payment method used by you to pay.
7.4 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Acceptance.
7.5 If you have chosen to return your garment under the conditions outlined above or have not received delivery of your item while using our tracked delivery services, you have 6 weeks (42 days) from the date of dispatch to contact us outlining your reasons for the refund. Refund requests made after this time period will not be refunded.
7.6 Purchases made using a non-tracked shipping service will not be refunded for non delivery as we are not able to obtain proof of said delivery.
7.7 In the event that an item has not been delivered and if a tracked shipping service was used and the first communication of non delivery was within the 6 week time limit and more than 3 weeks for uk deliveries and 4 weeks for international deliveries since the date of dispatch, we will either reprint or refund the items in question at our discretion.
8.1 We will email you with an estimated delivery date once your order has been accepted by us. If, due to an event outside our control, we are unable to meet the estimated delivery date, we will contact you with a revised date as soon as possible.
8.2 Once we have received payment in full, including delivery charges, you own the product and it is your responsibility once you have accepted deliver.
8.3 We ship internationally, but if you’re unsure whether a particular destination is covered by our delivery partners please contact us to check on firstname.lastname@example.org
8.4 Accepting delivery in some countries may mean your order is subject to import duty. Please note that we have no control over this and we advise you checking what possible import duties will be with your local Customs office before place your order.
8.5 You must comply with all applicable laws and regulations of the country for which the Products are sent to. We will not be liable or responsible if you break any such law.
9.1 Prices of products may change from time to time, however if you have already placed an order with us and had it accepted the price will remain the same.
9.2 The delivery charge is added separately and is not included in the product price.
10.1 We accept most major credit/debit cards (including Visa, MasterCard & AMEX)
10.2 We will take payment immediately. If a campaign fails to be successful, refunds will be issued within 1 working day.
10.3 For creators who chosen to have their profit share paid via Paypal - please be aware there will be a [3% fee] taken from your profits. To avoid this, please supply us with a UK bank account details.
10.4 In order to withdraw PayPal balance held in another currency you will have to convert the currency to the opening currency of your account, or it will be converted for you at the time of your withdrawal. We can not responsible for any exchange rate fluctuations.
11.1 If, as a campaign creator, we disclose personal information of one or more of your customers (i.e. the person(s) who pledged on your campaign) you agree that you will only send that contact relevant and targeted communications and emails and that you will not disclose such personal information to any other person without our prior written consent.
11.2 To add to the previous point you must also add an unsubscribe link to any correspondence, and if the customer unsubscribes you must ensure their details are removed from your contact list.
11.3 You undertake to comply in all material respects with the provisions of the Data Protection Act 1998.
12.1 We provide the Website "as is" and without any warranty or condition, whether express, implied or statutory.
12.2 We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We assume no liability or responsibility for any errors or omissions in the Website; any failures, delays or interruptions in the Website; any losses or damages arising from the use of the Website; or any conduct by users of the Website.
12.3 We reserve the right to deliver the Website in our sole and absolute discretion.
12.4 You acknowledge and agree that we are not responsible for the accuracy of any information published on the Website by users and we do not warrant that any information appearing on the Website is accurate, true or complete. We specifically exclude liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
You agree to defend, indemnify and hold Print Social and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of the Website and services, your violation of these Terms, or your violation of any rights of another person (including without limitation any intellectual property rights).
14.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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 disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.1 You agree not to use the Website to create, advertise, or sell material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, an invasion of another person’s privacy, hateful, or racially, ethnically or otherwise objectionable.
15.2 In the event that you utilise images, artworks and/or designs that are subject to trademarks and/or copyright (as the case may be) owned by third parties, you warrant that you have authorisation to use such images, artworks and/or designs and agree to limit your use thereof in accordance with any conditions or restrictions levied by those third parties.
15.3 If you provide images, artworks and/or designs for a campaign, you represent and warrant that you are the owner of such images, artworks and/or designs, or are authorized and permitted to use them by their owners. You further represent and warrant that no part of the images, artworks and/or designs is at risk of infringing on a third party’s trademarks and/or copyrights or (where any images, artworks and/or designs are owned by third parties) that you have full authorisation to utilise the features of the images, artworks and/or designs which may be limited by such trademarks and/or copyrights.
15.4 You represent and warrant that any details which you supply in your campaign - pertaining to your title and description – do not infringe upon any third party’s rights and that any description and information is complete, accurate and not misleading. Please be aware that you may not make any forward looking statements relating to the results of any Campaign.
15.5 In the event where a complaint is made that any content infringes on a third party’s intellectual property rights which pertains to your campaign, you undertake and agree to cooperate fully with Print Social to resolve the issue satisfactorily. Print Social may in its own discretion share your contact details with the individual/organisation which has made the complaint. You acknowledge and agree that it is your responsibility to resolve any dispute with any third party and that you alone are responsible for any losses, damages and other costs in respect of such a dispute including without limitation, any lawsuits or damage suits which occur as a result of your infringement of third party intellectual property rights or otherwise where you have breached any of these Terms are entirely your own responsibility. You hereby agree to defend, indemnify and hold Print social and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from your infringement of third party intellectual property rights.
15.6 We reserve the right to reject or cancel any campaign that we, in our absolute discretion believe violates any of these Terms and/or to withhold payment of any sums otherwise do to you in respect of such campaign.
17.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.
17.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
17.3 Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 We may assign our rights and obligations under these Terms to any person.
18.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.4 These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
18.5 These Terms are between you and us. No other person shall have any rights under or in connection with these Terms whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.6 If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
18.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.8 These Terms 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) shall be governed by and construed in accordance with English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction.
19.1 We respect the rights of copyright and trademark holders.
19.2 We require all campaign creators to represent and warrant that they own or are authorized to use all images, artworks and/or designs uploaded to the Website and any trademarks contained therein. It is the responsibility of the campaign creator to ensure that these rules are complied with.
19.3 If you believe that any campaign or Product infringes your intellectual property rights and would like to report such infringement, please email email@example.com with the details.