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 August 9th, 2015.
2.1 We operate the website Teerana.com (the “Website”). We are a Teerana Ltd, a company registered in England and Wales under company number 09859477 and with our registered office at Teerana Ltd 20-22 Wenlock Road London N1 7GU England
2.2 To contact us, please email [email protected]
3.1 The images of any T shirt, hoodie and other promotional item made available for purchase through the Website (“Product”) are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.
3.2 The packaging of the Products may vary from that shown on images on the Website.
3.3 All Products shown on the Website 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 (in the event that a Product is not available) we will not process your order for such Product.
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.
5.3 We will confirm our receipt of your order to you by sending you a courtesy e-mail telling you the same (“Order Confirmation”). The sending of the Order Confirmation does not constitute our acceptance of your order.
5.4 We will confirm our acceptance to you by sending you an e-mail telling you that your selected campaign’s goal has been reached (“Order Acceptance”). A contract (the “Contract”) for the sale by us and purchase by you of the Products will only be formed when we send you the Order Acceptance.
5.5 For the avoidance of doubt, in the event that your selected campaign’s goal is not reached we will not accept or charge you for your order and no Contract will have come into existence.
6.1 If you are a consumer, you may have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”) during the period set out below in clause 1.16. Advice about your legal right to cancel the Contract under those regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
6.2 However, this cancellation right does not apply in the case of:
(a) any made-to-measure, personalized or custom-made Products;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed.
6.3 The Products are personalized and custom-made Products within the meaning of paragraph 13(1)(c) of the Regulations. This is because they are printed with a custom logo or design as created by the campaign creator. 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. You may cancel a Contract before the campaign ends.
6.4 Nothing in these Terms affects your statutory rights and remedies that are implied by statute and common law.
6.5 In the event that a Contract between us has not yet been formed but you have received an Order Confirmation, you are entitled to cancel the order for Products listed in that Order Confirmation by sending an email to [email protected] and stating that you would like the order to be cancelled.
6.6 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 Teerana.
6.7 We (or our payment services provider) refund you by the payment method used by you to pay.
6.8 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Acceptance.
7.1 Your order will be fulfilled by the estimated delivery date set out in the Order Acceptance, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
7.2 Delivery will be completed when we (or our delivery partner) deliver the Products to the address you gave us.
7.3 The Products will be your responsibility from the completion of delivery.
7.4 You own the Products once we have received payment in full, including all applicable delivery charges.
7.5 We offer international delivery to all countries specified on our Help page (“International Delivery Destinations”).
7.6 If you order Products from the Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.7 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.8 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
8.1 The prices of the Products will be as quoted on the Website from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
8.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Order Acceptance.
8.3 The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Website from time to time. To check relevant delivery charges, please refer to our Help page.
9.1 You can only pay for Products using a debit card, credit card or PayPal. We accept the following cards: Visa, MasterCard and AMEX.
9.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card, credit card or PayPal as soon as the campaign reaches its goal.
10.1 Teerana and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, design, text, graphics and all software and source code connected with the Website other than content belonging to campaign creators. We grant you a limited license to use the Website solely as set out in these Terms.
10.2 The Website is protected by UK and International copyright, trademark, patent and other intellectual property laws.
10.3 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without our prior express written consent.
10.4 We grant you a limited license to use the Website solely as set out in these Terms. Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. We reserve the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.
10.5 Teerana and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Teerana. They may not be used without Teerana’s prior express written permission. All other trademarks not owned by Teerana that appear in connection with the Website or any Product are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Teerana.
10.6 You may not infringe or try to infringe the privacy or rights of other Website users.
11.1 In the event that we disclose personal information about any user of the Website to you as a Campaign Creator, you undertake and agree that you will only send that user 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 You further undertake that you will include an unsubscribe link in any email to any user and will ensure that the email address of any user who unsubscribes from your promotional emails is immediately removed from your database and is not sent further emails.
11.3 You undertake to comply in all material respects with the provisions of the Data Protection Act 1998.
11.4 You hereby indemnify us against any claim, loss or expense suffered by us by reason of any breach of the above by you and/or any failure to fully comply with the provisions of the Data Protection Act 1998 as amended from time to time.
12.1 Nothing in these Terms shall be deemed to exclude our liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
12.2 We only supply the Products for domestic and private use. You agree not to use any Product for any commercial, business or re-sale purpose., In no event shall we, our shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with your use of the Website or these Terms, on any theory of liability, and whether or not advised of the possibility of damage.
12.3 To the fullest extent permitted by the law, we exclude all liability to you for any consequential, indirect or special losses (including economic losses of any nature) or damages.
12.4 Subject to the provisions of this clause, our total liability to you in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price that you paid for the Products.
13.1 We provide the Website "as is" and without any warranty or condition, whether express, implied or statutory.
13.2 We specifically disclaim any implied warranties of title, merchant-ability, 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.
13.3 We reserve the right to deliver the Website in our sole and absolute discretion.
13.4 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 Teerana 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).
15.1 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.
15.2 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.
15.3 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.
16.1 You agree not to use the Website to create, advertise, or sell material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, an invasion of another person’s privacy, hateful, or racially, ethnically or otherwise objectionable.
16.2 In the event that you utilize 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 authorization 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.
16.3 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 authorization to utilize the features of the images, artworks and/or designs which may be limited by such trademarks and/or copyrights.
16.4 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.
16.5 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 Teerana to resolve the issue satisfactorily. Teerana may in its own discretion share your contact details with the individual/organization 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 properties rights or otherwise where you have breached any of these Terms are entirely your own responsibility. You hereby agree to defend, indemnify and hold Teerana 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.
16.6 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 protected] with the details.