TERMS AND CONDITIONS OF USE

Introduction

These terms and conditions apply between you, referred to within this agreement as “The User” of https://bluemantisdesigns.shop  (including any sub-domains, unless expressly excluded by their terms and conditions), referred to within this agreement as “The Website” and “This Website”, and XXXXXXXXXXXXXX (To be added), referred to within this agreement as “The Owner” of This Website.

Please read these terms and conditions carefully, as they may affect your legal rights.

Your agreement to comply with and be bound by these terms and conditions is deemed to occur when you first use This Website.  If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

In these terms and conditions, The User means any third party that accesses This Website and is not either;

a) employed by The Owner and acting in the course of their employment or;

b) engaged as a consultant or otherwise providing authorised and agreed services to The Owner and accessing the website in connection with such services.

The User must be at least 18 years of age to use This Website.  By using The Website and agreeing to these terms and conditions, you represent and warrant to The Owner that you are at least 18 years of age and agree to comply with and be bound by these terms and conditions.

Intellectual property and acceptable use

1. Unless uploaded by The User, all “Content” included on The Website is the property of The Owner, affiliates of The Owner or other relevant third parties.

2. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data, page layout, and any other information capable of being stored in a computer that appears to be or forms part of This Website.  By continuing to use The Website, you acknowledge that copyright, trademarks, database rights and other intellectual property rights protect such Content.  Nothing on The Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on The Website without The Owner’s prior written permission.

3. You may retrieve, display and view Content on a device for your own personal, non-commercial use only.

4. You must not otherwise reproduce, modify, copy, distribute or use any Content for commercial purposes without The Owner’s written permission.

5. You acknowledge that you are responsible for any Content you submit via The Website or upload to The Website, including the legality, reliability, appropriateness, originality and copyright of any such Content.

6. You may not submit or upload to, distribute or otherwise publish through The Website any Content or digital file that is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, abusive, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability to violate any law, may contain software viruses or malware, relate to or contain political campaigning, chain letters, mass mailings or any form of “spam” defined as irrelevant unsolicited messages or content sent over the internet, typically sent to many users, for advertising, phishing, spreading malware, or any other use prohibited under this agreement. Or otherwise objectionable.

7. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any Content.

8. You may not upload commercial content onto The Website, including links to other websites selling goods or services, or may not refer to such websites within any Content you upload or submit.

9. You represent and warrant that you own or otherwise control all the rights of the Content you upload, submit or post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify The Owner for all claims resulting from Content you supply.

10. You must be the account holder When registering, using, and updating a user account.

Prohibited use

11. You may not use the Website for any of the following purposes:

a) in any way which causes, or may cause, damage to The Website or interferes with any other person’s use or enjoyment of the website;

b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law or regulation including statutory, governmental, judicial, or law enforcement order;

c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of The Owner or person in lawful control of the rights to that Content.

Registration

12. You must provide correct, accurate, complete and true details on registration.

13. You must inform The Website immediately of any changes to the information you provide when registering by updating your details to ensure we can communicate with you effectively and safely deliver any goods or services you may purchase.

14. The Website may suspend, cancel or block your registration immediately for practical purposes or if you breach these terms and conditions—suspension, cancellation or blocking of your registration does not affect any statutory rights.

15. You may cancel your registration anytime by informing us using the contact us facilities on This Website, by email, or in writing.  If you do so, you must immediately stop using The Website as a registered User.

Password and security

16. When registering on The Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.  You should not write the password down.  You are responsible for taking reasonable security steps and storing that password.

17. If we have reason to believe that there is or is likely to be any misuse of The Website or breach of security, we may require you to change your password or suspend your account.

Links to other websites

18. The Website may contain links to other websites.  Unless expressly stated, The Owner or our affiliates do not control these websites.

19. The Owner assumes no responsibility for the content of external websites and disclaims liability for any loss, damage or injury arising from using them.  You agree to indemnify The Owner for all claims from using such links.

Privacy Policy and Cookies Policy

20. Use of The Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference.  To view the Privacy Policy and Cookie Notice, visit https://bluemantisdesigns.shop/privacy-policy and https://bluemantisdesigns.shop/cookie-policy-uk.

Availability of The Website and disclaimers

21. Any online facilities, tools, services or information that The Owner makes available through The Website (“The Service”) is provided as-is and as-available.  The Owner gives no warranty that The Service will be free of defects and/or faults.  To the maximum extent permitted by the law, The Owner provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

22. Unless expressly stated in law, The Owner is not obligated to update information or The Content on The Website.

23. Whilst The Owner uses reasonable endeavours to ensure that The Website is secure and free of errors, viruses and other malware, The Owner gives no warranty or guarantee in that regard, and all Users take responsibility for their security, that of their details and their computers or electronic devices.

24. The Owner accepts no liability for any disruption or non-availability of The Website.

25. The Owner reserves the right to alter, suspend or discontinue any part, or the whole, of The Website, including, but not limited to, any products and/or services available.  These terms and conditions shall continue to apply to any modified version of The Website unless it is expressly stated otherwise.

Sale of goods

26. The Owner sells physical products, including personalised items, which alter stock items according to The User’s instructions.  The supply of personalised items may affect your statutory rights regarding order cancellation, return of goods and refunds.  The user is responsible for understanding the rights provided for under the relevant law.  You may be unable to cancel an order or return personalised goods, and you may not be eligible for a refund.

27.  If The User wishes to cancel an order, The User may make such a request by using The Website contact us facilities, by telephone, or by email to enquiries@bluemantisdesigns.shop.  If the request is made by email or via The Website contact us facilities, it will be considered when read by us.  Cancellation may be possible for a short period after the order is placed; however, it may not be possible if the order has entered the production phase.  In that case, the order will continue to be produced and dispatched unless the finished product fails our quality control examination before dispatch, in which case the cancellation will be accepted.

28. Any order placed on The Website, irrespective of whether The User pays money, is an offer to buy from us.  A contract is only formed when The Owner dispatches your order.  Until then, we may decline to supply The User with the ordered goods and/or services.

29. We supply goods for personal and domestic use.  We currently do not offer to supply goods intended for commercial use. We reserve the right to refuse orders from businesses or individuals we consider to be for commercial or other non-domestic concerns.

30.  We describe goods as clearly and accurately as possible.  There are times when that description may contain errors despite our best efforts.  The Owner uses natural raw materials that may change appearance and specification.  The User agrees that there may be variations as a result (including in the images provided on the website).

31.  If, for any reason beyond our reasonable control, we cannot supply a particular item or fulfil an order, The Owner will not be liable to The User.

32.  We will dispatch for delivery to the address specified when an order is placed.  We reserve the right to deliver to The User’s billing address only.  We will use a third-party courier or parcel delivery service to which we will pass name and address information.  The Owner does not accept liability for that service’s conduct or service standards.

Limitation of liability

33. Nothing in these terms and conditions will:

a) limit or exclude The Owner’s or your liability for death or personal injury resulting from our or your negligence, as applicable;

b) limit or exclude The Owner’s or your liability for fraud or fraudulent misrepresentation;

c) limit or exclude any of The Owner’s or your liability in any way that is not permitted under applicable law.

34. The Owner will not be liable to you for any losses, damage, or injury arising from events beyond our reasonable control.

35. To the maximum extent permitted by law, The Owner accepts no liability for any of the following:

a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.

b) loss or corruption of any data, database or software;

c) any special, indirect or consequential loss or damage.

General

36. You may not transfer your rights under these terms and conditions to any other person.  The Owner may transfer The Owner’s rights under these terms and conditions where it is reasonably believed your rights will not be affected.

37. We may vary these terms and conditions from time to time.  Such revised terms will apply to The Website from the date of publication.  Users should check the terms and conditions regularly to ensure familiarity with the current version.

38. These terms and conditions, together with the Privacy Policy and Cookies Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have occurred concerning the terms and conditions.

39. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions, and no third party will have any right to enforce or rely on any provision of these terms and conditions.

40. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable. In that case, that provision or part-provision will, to the extent required, be deemed to be deleted. The validity and enforceability of the other provisions of these terms and conditions will not be affected.

41. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

42. This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising.  This agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Version 2

Published 13/07/2023