Terms &
Conditions

1 Introduction

1.1 If you buy products on our site you agree to be legally bound by this contract.

 

1.2 This contract is only available in English. No other languages will apply to this contract.

 

1.3 When buying any products on our site you also agree to be legally bound by:
        1.3.1 our website terms and conditions as applicable;
        1.3.2 extra terms which may add to, or replace some of, this contract. This may happen for legal or regulatory reasons. We will contact      you to let you know if we intend to do this by giving you one month’s notice.
        1.3.3 specific terms which may apply to certain products. Where applicable, these specific terms will be available by the selected products, so please visit the relevant webpage for the products at any time during the online checkout process.

 

All of the above documents form part of this contract as though set out in full here.

 

2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
      2.1.1 read the acknowledgement email (see clause 4.5) or
      2.1.2 contact us using the contact details at the top of this page.

 

2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

 

2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3 Your privacy and personal information
3.1 Our Privacy and Cookies Policy is available at www.withreferencedesigns.com/privacy-policy
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such
information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4 Ordering products from us
4.1 Below, we set out how a legally binding contract between you and us is made.

 

4.2 You place an order on the site by clicking on the product(s) you wish to purchase, selecting your size, style and quantity and placing these in your online cart on our site. Please read and check your order and all product information carefully before submitting an order. You will be
able to correct any errors before submitting your order to us.

 

4.3 When you place your order at the end of the online checkout process (e.g. when you click on the ‘pay now’ button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

4.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
       4.4.1 the products are unavailable;
       4.4.2 we cannot authorise your payment;
       4.4.3 you are not allowed to buy the products from us;
       4.4.4 we are not allowed to sell the products to you;
       4.4.5 our printing supplier is not available or able to fulfil the order;
       4.4.6 you have ordered too many products; or
       4.4.7 there has been a mistake on the pricing or description of the products.

4.5 Unless clause 4.4 applies, we will accept your order when we email you to confirm this (Confirmation Email). At this point: confirmation is instant and automated.
      4.5.1 a legally binding contract will be in place between you and us; and
      4.5.2 we (or our third-party suppliers or logistics partners) will dispatch the products to you.

4.6 If you are under the age of 18 you may any products from the site but your parent or guardian and card holder is solely responsible for ensuring that you have the right to do so.

5 Right to cancel
5.1 Subject to clause 5.5, you may have the right to cancel this contract within 14 days without giving any reason. This is known as your right to ‘cool off’ or the ‘cooling off period’.

5.2 The cooling off period, when applicable, will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession products or the first product if your order is dispatched in several parcels.

5.3 To exercise the right to cancel when you are entitled to do so, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page.

5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5.5 Please note that you are not able to benefit from the cooling off period or cancellation for any products which you purchase or order which have been customised or custom-made for you, or which have been tailored to your bespoke requirements or any sealed
goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons. This does not affect your statutory rights as set out under clause 9 below.

6 Effects of cancellation where you are entitled to do so

6.1 If you cancel this contract and you are entitled to do so, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

6.2 We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.

6.3 We will make the reimbursement without undue delay, and not later than:
      6.3.1 14 days after the day we received back from you any products supplied; or
      6.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the products; or
      6.3.3 if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

 

6.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

6.5 We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.

6.6 If you have received products:
      6.6.1 you shall send back the products or hand them over to us or to the person authorised by us to receive the products as indicated in your order, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the products before the period of 14 days has expired;
      6.6.2 unless otherwise stated on your order, you will have to bear the direct cost of returning the products. The cost is estimated at a maximum of approximately the amount that you paid for postage of the products to you.
      6.6.3 you are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.

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7 Delivery and Returns
7.1 We use various service providers and logistics to deliver our products, including our supplier for our print fulfilment services. For information on delivery options and costs, visit our webpage www.withreferencedesigns.com/delivery. During the online checkout process, you will be given available delivery options to choose from.

 

7.2 The estimated date for delivery of the products is set out in the Confirmation Email (see clause 4.5).

7.3 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

7.4 Delivery will take place at the address specified by you when you placed your order with us.

7.5 Shipments that go unclaimed are returned to our supplier’s facility and you will be liable for the cost of a reshipment to yourself (if and as applicable).

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7.6 Unless you and we agree otherwise, if we cannot deliver your products within 30 days of the date of your Confirmation Email, we will:
     7.6.1 let you know;
     7.6.2 cancel your order; and
     7.6.3 give you a refund.

7.7 If nobody is available to take delivery, please contact us using the contact details at the top of this page.

7.8 You are responsible for the products once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the products passes to you when you take, or a third party notified by you takes, possession of the products.

7.9 At the present time, we do not make deliveries to the locations listed on our site.

7.10 We may deliver your products in instalments. If you want to see whether your products may be delivered in this way, please review the information provided to you at any time during the online checkout process.

7.11 If you provide an address that is considered insufficient by our supplier’s courier, the shipment will be returned to our supplier’s facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).

7.12 For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date.

7.13 You must contact us using the details above before returning any products.

7.14 Please note that we also do not accept returns of sealed goods, such as but not limited to face masks, which are not suitable for return due to health or hygiene reasons. This does not affect your statutory rights as set out under clause 9 below.

7.15 Please note that we use a third party fulfilment supplier and will endeavour to ensure that their refund/returns policy is applicable to your orders.

7.16 Details of our fulfilment supplier and their policy is available here - https://www.printful.com/fr/policies/returns .

8 Payment
8.1 We accept the following credit cards and debit cards indicated on our website from time to time. We do not accept cash or cheques.

 

8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy and Cookies Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.3 Your credit card or debit card will only be charged when the products are ordered.

8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via the payment platforms and providers we may use from time to time as set out on our website.

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8.5 If your payment is not received by us and you have already received the products, you must:
    8.5.1 pay for such products as soon as possible and in any case within 5 days; or
    8.5.2 return them to us as soon as possible and in any case within 5 days. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use them before you return them to us.

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8.6 If you do not pay for the products and fail to return them in accordance with clause 8.5, we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.

8.7 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

8.8 All prices are in pounds sterling (£)(GBP) and include United Kingdom VAT at the applicable rate, but exclude delivery charges. We will not be liable for any sales taxes or shipping or customs fees which shall be solely be borne by you. For information on delivery options and
costs, visit our webpage www.withreferencedesigns.com/delivery.

9 Nature of the products
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The products that we provide to you must be as described, fit for purpose and of satisfactory quality.

9.2 We are under a legal duty to supply you with products that are in conformity with this contract.

9.3 The packaging of the products may be different from that shown on the site.

9.4 While we try to make sure that:
      9.4.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of difference in such weights, sizes and measurements in some products.
       9.4.2 the colours of our products are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.

 

9.5 Any products sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

 

9.6 If we can’t supply certain products then we may need to substitute them with alternative products of equal or better standard and value. In this case:
   9.6.1 we will let you know if we intend to do this but this may not always be possible; and
   9.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

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10 Faulty products
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
     10.1.1 visit our site;

     10.1.2 contact us using the contact details at the top of this page and ensure you follow the policy set out at: https://www.printful.com/fr/policies/return which will apply to your order to the maximum extent permitted by law; or
     10.1.3 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

 

10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10.3 If your products are faulty, please contact us using the contact details at the top of this page.

10.4 Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product has been received.

11 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

 

12 Limitation on our liability
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

    12.1.1 losses that were not foreseeable to you and us when the contract was formed;
    12.1.2 losses that were not caused by any breach on our part;
    12.1.3 business losses; or
    12.1.4 losses to non-consumers.

 

12.2 To the maximum extent permitted by law, our liability to you and any third party arising out of or in connection with this contract or the products supplied is capped at 100% of the value the order or products paid by you in full in respect of which such liability arose.

13 Things that are outside of our control
We are not responsible for delays outside our control. If our provision of our services or you receipt of Products 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 cancel your order and receive a refund for any Products you have paid for but not received.

 

14 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.

15 Disputes
15.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the products you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

15.2 If we cannot resolve a dispute with you amicably, or you are unhappy with the outcome, you can still bring court proceedings as set out in clauses 15.3 and 15.4 below.

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15.3 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

15.4 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.