TERMS AND CONDITIONS
These are the terms and conditions on which we supply products to you.
Why you should read them?
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. Please read our Terms & Conditions (the “Terms”) below, as using this website means that you accept these Terms in full. Thank you for being here, and please e-mail email@example.com if you have any questions or concerns about anything here.
This website is operated by Custom Your Ink. Throughout the site, the terms “we”, “us” and “our” refer to Custom Your Ink. Custom Your Ink offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
1. LEGAL AGREEMENT
If you’re a customer—or just lurking around our beautiful site—please respect the copyrights and trademarks of the works you find here. All visitors (“user”, “you”, “your”) to the Custom Your Ink website at www.customurink.com (“the Site”) are entering a binding legal agreement on the following Terms when using the Site. This agreement is between the user and Custom Your Ink and use of this Site indicates continued acceptance of these Terms.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
You must ensure that your access to this website and the Custom Your Ink service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website and the Custom Your Ink service does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
RIGHTS TO MAKE CHANGES
1. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product that you have ordered, please contact us within 24 hours after placing the order. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see "Your rights to end the contract" below).
2. OUR RIGHTS TO MAKE CHANGES
2.1. Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements; and to reflect changes in suppliers’ materials or processes or to implement minor technical adjustments and improvements. These changes will not substantially affect your use of the product.
2.2. More significant changes to the products and these terms. In addition if we make more significant changes to the product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
PRODUCTS OR SERVICES
1. PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
2. PRODUCT PACKAGING MAY VARY. The packaging of the product may vary from that shown in images on our website.
3. MAKING SURE YOUR MEASUREMENTS ARE ACCURATE. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us. Please refer to our Size Chart which is also described in the item/product page.
4. AVAILABILITY. All products are subject to availability. We will inform you by e-mail as soon as possible if the product you have ordered is not available and if that is the case your order for such product will not be processed.
However, certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5. Customer is responsible to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design, or overall appearance) before ordering a product. In some specified cases, we reserve the right to deny any return/exchange request.
6. IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems? We are under a legal duty to supply products that are in conformity with this contract. If you have any questions or complaints about the product, please Contact Us using the contact form on our website.
- Returning rejected products. If you wish to exercise your legal rights to reject products you must post them back to us if we ask you to. We encourage you to refer to our Refund & Exchange Policy to make sure whether your products are eligible for returning. Please note that you will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
*** Note : We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
1. Delivery cost. The costs of delivery will be as displayed to you on our website. Delivery will be facilitated pursuant to the customer's instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. Custom Your Ink will charge shipping charges to the customer which will vary depending upon the size, price, and location of the product.
2. When we will provide products. During the order process we will let you know an estimated date by when the product will be provided to you. If the product is part of a specific marketing campaign that is reliant on other purchasers placing orders to the same item, we may not be able to send products out for delivery until the end of the campaign. The usual situation is that products will be shipped within two weeks of the end of the relevant campaign.
3. We are not responsible for delays outside our control. If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product you have paid for but not received.
4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect products from a local depot.
5. If you do not re-arrange delivery. If you do not collect products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you forduring. We storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
6. When you become responsible for the goods. A product will be your responsibility from the time we deliver product to the address you gave us.
7. When you own goods. You own a product which is goods once we have received payment in full including all applicable delivery charges and taxes.
8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the product to you, for example, size and colour. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the product late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to (a) deal with technical problems or make minor technical changes; (b) update the product to reflect relevant laws and regulatory requirements; (c) make changes to the product as requested by you or notified by us to you; (d) if you do not pay us for the products when you are supposed to for any reason.
10. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days, you may contact us to end the contract and you will be refunded any sums you have paid in advance.
PRICE AND PAYMENT
1. WHERE TO FIND THE PRICE FOR THE PRODUCT.The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause below for what happens if we discover an error in the price of the product you order.
2. WE WILL PASS ON CHANGES IN THE RATE OF VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3. WHAT HAPPENS WHEN WE GOT THE WRONG PRICE.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
You must pay for the products before we dispatch them. Your payment card will be charged at the time when you place the order.
4. WHEN YOU MUST PAY AND HOW TO PAY.
5. DELIVERY CHARGES.
The price of a product does not include delivery charges. The delivery charges are as quoted on our website from time to time. Relevant delivery charges are provided when you select an order for purchase, at the check-out.
PURCHASING A PRODUCT ON CUSTOM YOUR INK
Users can purchase products on the Custom Your Ink website using a valid credit card or PayPal.
You do not have to be a member to purchase a product.
The price you pay is fixed at the time of ordering.
Once your order has been submitted, you may cancel it within two 2 hours of placing it by reaching out to Contact Us or send us a message at firstname.lastname@example.org
It is the customer’s responsibility to ensure the product delivery address is correct. Custom Your Ink takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
If a product is delivered to a customer, whether in electronic or printed format, that is electronically or physically damaged in some way, Custom Your Ink will happily contact the manufacturer or seller to issue a replacement copy of the product after receiving reasonable proof of that damage.
If you receive a damaged product, then you must e-mail Custom Your Ink’s Customer Service at email@example.com to tell us about the nature of the damage and arrange for a new product to be sent to you at no cost to you.
ACCURACY OF BILLING OR ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
OUR CONTRACT WITH YOU
1. How we will accept your order. Our acceptance of your order will take place when you submit all required information of Order form accurately, including your name, phone, fax or mobile phone number, your address, billing address, shipping address and payment information, such as your valid credit card number... We are not liable for lost orders in the case you submit incorrect information to us.
2. If we do not accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. We only sell to specified territories. We are able to provide international delivery to countries specified on our website. For more information, please refer to our Shipping Info page. If you order products from us for delivery to one of the international delivery destinations, you acknowledge that your order may be subject to import duties and other taxes or charges which are applied when the product reaches that destination. You agree that we do not have any control over these duties, taxes or charges and that you will be responsible for payment of any that are due. If you are unsure, please contact your local customs office for further information before placing your order. You acknowledge that you must comply with all applicable laws and regulations applicable in the country for which the products are destined. We will not be liable or responsible if you break any such law.
1. YOUR RIGHTS TO END THE CONTRACT
Your right when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get a refund. Please refer to our Refund & Exchange Policy)
- If you have just changed your mind about the product. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, please note that you do not have a right to change your mind in respect of Products that are made to your specifications or are clearly personalised (regulation 28(1)(b), Consumer Contracts Regulations 2013). You acknowledge that if you cancel the contract in circumstances where the right to change your mind does not apply, you must pay us reasonable compensation for the net costs we will incur as a result of your cancellation. Please refer to our Refund & Exchange Policy. We only accept a refund or return/exchange in the case the package is damaged.
- If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason (a) we have told you about an upcoming change to the product or these terms which you do not agree to; or (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or (c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or (e) you have a legal right to end the contract because of something we have done wrong, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.
- In all other cases (if we are not at fault and there is no right to change your mind). In this case, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
2. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if (a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
You must compensate us if you break the contract. If we end the contract in the situations set out above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as far as reasonably possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
3. HOW TO END THE CONTRACT WITH US
3.1. Tell us you want to end the contract. To end the contract with us, please use the contact form on our website to notify us. Please provide your name, details of the order including order number and the product.
3.2. Returning products after ending the contract. To end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us if we request. We can provide a return label. If you are exercising your right to change your mind and we ask you to return the goods, you must send them off within 10 days of telling us you wish to end the contract. Notice : Please note that customer is liable for return shipping costs.
3.3. Who will pay the costs of return? Please refer to our Refund & Exchange Policy. We encourage you to read carefully to make sure whether your product is eligible for returning. However, please note that you will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
3.4. How we will refund you? We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price. We only accept refund, return/exchange in some specified cases so we encourage you to refer to our Refund & Exchange Policy to make sure whether your product is eligible for returning.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Custom Your Ink, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You agree to indemnify, defend and hold harmless Custom Your Ink and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
OTHER IMPORTANT TERMS
1. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
2. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
4. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
6. WHICH LAWS APPLY TO THIS CONTRACT.
These terms are governed by the United States law and you can bring legal proceedings in respect of the products in the United States courts.
Need help? If you have any questions about the Terms of Service, please Contact Us using the contact form on our website and send us a message at firstname.lastname@example.org
How we may contact you? If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
*** "Writing" includes email. When we use the words “writing” or “written” in these terms, this includes emails.