Terms & Conditions for DesignerMenu.co.uk
GENERAL TERMS AND CONDITIONS
All terms and conditions relating to the supply of products from DesignerMenu.co.uk websites are covered below. Please read all terms and conditions carefully before placing an order. By ordering any of our Products, you agree to be bound by these terms and conditions. Please print a copy of these terms and conditions for future reference. By downloading the templates you have entered into a binding agreement with us and have agreed to accept these terms and conditions.
DesignerMenu uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
You are responsible for maintaining the confidentiality of your account details, account name and password, if applicable. You are responsible for all activities that occur under your account, including without limitation, all uses of your account number, account name or password by someone else, regardless of whether you expressly authorized the use. You agree to notify DesignerMenu immediately of any unauthorized use of your account or any other breach of security. DesignerMenu will not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DesignerMenu or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the account holder’s permission.
1. ABOUT DesignerMenu.co.uk
DesignerMenu.co.uk is a website operated by CreativeDesk.co.uk
2. SERVICE AVAILABILITY
DesignerMenu.co.uk is intended for use only by people who are familiar with QuarkXpress programme or Graphic Designers or any one within the design field.
3. YOUR STATUS
By Downloading a Template through our website you warrant that: a. You are legally capable of entering into binding contracts. b. You are at least 18 years old.
4. VIEW OUR LICENSE AGREEMENTS:
Any templates purchased (downloaded) are non-refundable. Under this license, you have a perpetual right to use the template multiple times for multiple projects without incurring additional fees. The rights granted to you are non-exclusive, non-transferable and personal to you. However, when you customize a template, you may transfer the resulting derivative work to your printer and to your client who may make edits to the files but may not use them to create new projects. Font’s used on the templates (some) have copyright and would require further licensing except system fonts. Also stock photos are NOT included and need further purchasing. It is NOT permitted to display our templates on a website or an intranet, whether or not for sale or download.
5. CUSTOMER INFORMATION
5.1 Communicating with the customer The customer has to indicate when placing the order at the latest an email address, whose operability he has to ensure from the moment he places the order until the definite completion of the order. The customer has to assure in particular with the adjustment of his spam filter (off line and/or by his provider) that he gets the emails of the DesignerMenu. This email address also applies for future orders until it is recalled or until the customer sends a notification of change. DesignerMenu is authorised, but not obligated, to send messages of any kind – also such messages that are of essential importance for the contractual relationship and the correct implementation of the contract – by other means than electronic mail. In particular the customer can neither demand that messages for him are sent by telephone, letter, and fax or by services of telecommunication systems – e.g. short message services (SMS) – nor can he successfully invoke ignorance if messages by such means of communication are missing, when DesignerMenu has sent the message to the email address according to paragraph 1. Messages of DesignerMenu, which are sent by email to the email address according to paragraph 1, are presumed to be received by the customer after their dispatch. DesignerMenu is only responsible for transmission errors if their causing is based on DesignerMenu own sphere. The customer is allowed to provide evidence that he has not received a message sent to him for reasons that are beyond his sphere.
DesignerMenu is regularly not obligated to point out to the customer that there is a missing, wrong or an inoperable email address in terms of paragraph 1. However, the customer is allowed to provide evidence that such a message would have been technically feasible and reasonable.
If you have any questions concerning data protection, please feel free to contact our customer service. firstname.lastname@example.org.
6. IP ADDRESSES AND COOKIES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers and improve the layout of the site. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, like almost all e-commerce websites, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us: • To estimate our audience size and usage pattern. • To store information about your preferences, and so allow us to customise our site according to your individual interests. • To speed up your searches. • To recognise you when you return to our site.
7. PRICE AND PAYMENT
7.1 The prices of any Templates will be as quoted on DesignerMenu.co.uk website from time to time, except in cases of obvious error.
7.2 DesignerMenu can charge a fee for processing payment. This fee will depend on the payment method used and will be clearly shown on the website before your order is finalised.
7.3 DesignerMenu website contains a large number of Products and it is always possible that, despite our best efforts, some items may on occasion be incorrectly priced or errors.
7.4 DesignerMenu is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a ‘mis-pricing’.
7.5 Payment for all Products must be by credit card (MasterCard and Visa), debit card (Switch, Solo, Visa, Visa Electron and Maestro), Paypal. All payments are to be made in advance via deposit system in your account. Deposited funds are non-refundable.
7.6 The stated prices apply on the condition that the order data on which the prices are based does not change after conclusion of the Contract. Costs caused by subsequent changes instigated by the customer will be charged separately.
7.7 DesignerMenu will send invoices solely by email with a qualified electronic signature. By submitting an order the customer agrees to this form of invoicing. Payments will be due regardless of whether and when an invoice is issued.
7.8 Unless specified otherwise on the Order Confirmation, the gross total price will be due for payment immediately after conclusion of the Contract (receipt of the Order Confirmation).
Obvious defects in delivered goods must be reported to us within 24 Hours of receipt (download).
9. OUR LIABILITY
9.1 DesignerMenu warrant that any Product purchased from us through our website is of satisfactory quality. After amendments or printing of the template, DesignerMenu is not liable for any errors, misprint, colour defection, quality, fonts or overall outcome.
9.2 Our liability for any Product purchased through our site is strictly limited to the purchase price of that Product.
9.3 This does not include or limit in any way our liability:
a. For death or personal injury caused by DesignerMenu negligence
b. Under section 2 (3) of the Consumer Protection Act 1987
c. For fraud or fraudulent misrepresentation
d. For any matter for which it would be illegal for DesignerMenu to exclude, or attempt to exclude, its liability.
9.4 If part of the delivery has defects, this will not authorize the customer to object to the entire goods.
10. OWNERSHIP, ARCHIVING, PROPRIETARY RIGHTS
DesignerMenu Products will be created solely on the basis of the customer’s content-related stipulations in the print data that has been sent. DesignerMenu has no influence on the contents of the printed Products. You represent that you have all rights to use, disseminate and publish the data you have sent, in particular with regard to text and photographic material. You are liable for ensuring that the data you supply does not infringe proprietary rights of third parties and that the contents of printed matter do not violate the applicable law. You will indemnify us without reservation if claims are asserted against DesignerMenu due to the infringement of the rights of third parties, in particular breaches of copyright, as a result of the use of the data provided by you.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications DesignerMenu sends to you should be in writing. When using its website, you accept that communication with DesignerMenu will be mainly electronic – we will contact you by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that DesignerMenu provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices by you to DesignerMenu must be given to DesignerMenu OR email@example.com. We may give notice to you at either the email or postal address you provide when placing an order, or in any of the ways specified. Notice will be deemed received and properly served 24 hours after an email 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 it was properly addressed, stamped and placed in the post and, in the case of an email, that it was sent to the specified email address.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract between you and DesignerMenu is binding on both parties and on their respective successors and assignees.
13.2 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.
13.3 DesignerMenu may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 DesignerMenu will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond its 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.
14.3 DesignerMenu performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. DesignerMenu will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If DesignerMenu fails, at any time during the term of a Contract, to insist upon strict performance of any of the customer’s obligations, or any of these terms and conditions, or if it fails to exercise any of the rights or remedies to which it is entitled, this will not constitute a waiver of such rights or remedies and will not relieve the customer from compliance with such obligations.
15.2 A waiver by DesignerMenu of any default will not constitute a waiver of any subsequent default