Terms of service
This page gives information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our Website to you (the “User”) via the “Services” - which means the e-commerce and web-to-print-on-demand facility accessible to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
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 as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
By ticking the “I accept these Terms and Conditions” box after logging in, you accept and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, please exit this website and cease using the Services immediately.
OVERVIEW
Welcome to Goals House!
The terms “we”, “us” and “our” refer to Goals House. Goals House operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Goals House is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Goals House reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Goals House confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Goals House may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Goals House, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Goals House, Shopify or any third party. Unauthorised use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Goals House.
Goals House’s names, logos, product and service names, designs, and slogans are trademarks of Goals House or its affiliates or licensors. You must not use such trademarks without the prior written permission of Goals House. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 the 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Goals House is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Goals House. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Goals House, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Goals House.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be 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 Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Goals House, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information provided through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services.
Except as expressly stated by Goals House, the Services and all products and services delivered through the Services are provided "as is" and "as available" without any representations, warranties, or conditions of any kind, either express or implied. This includes, but is not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or other rights, so the above disclaimers may not apply to you to the extent such exclusions are prohibited by applicable law.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall Goals House, its directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, 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 the Services or any products obtained through the Services.
This limitation also applies to any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Goals House, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
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.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
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 governs 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.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Goals House is headquartered. You and Goals House consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO 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, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@goalshouse.com.
Our contact information is posted below:
Goals House
support@goalshouse.com
1.2 When you enter into a contract as a result of applying to use the website and Services at https://shop.goalshouse.com you will be entering a contract with Wisque Ltd.
1.3 These Terms, and any Contract between us, are only in the English language.
1.4 The Services are hosted in the United Kingdom and the European Union. The Services are controlled, operated and administered by the Provider from its offices within the United Kingdom. The Provider makes no representation that materials at this site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. You may not use the Services in violation of UK export laws and regulations. If you access the Services from locations outside of the UK, you are responsible for compliance with all local laws. These Terms and Conditions for Access to the Services shall be governed by the laws of the United Kingdom, without giving effect to its conflict of laws provisions.
1.5 The Provider reserves the right to use third parties to provide any or all of the Services, including to host applications servers, to store and backup data, to send electronic and print communications, to perform any administrative design development and maintenance work in relation to the Services, and to administer the web-to-print-on-demand functionality.
2. If you are a consumer
This clause 2 applies only if you are a consumer.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
3. If you are a business customer
This clause 3 applies only if you are a business customer.
3.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
3.2 These Terms and our Privacy Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms.
4. How the contract is formed between you and us
4.1 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.
4.2 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 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail or by posting the information in the ‘My Orders’ section of your account (thereby confirming that the Products have been dispatched - Dispatch Confirmation). The Contract between us will be formed only when we send you the Dispatch Confirmation.
4.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 17, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
5. Our right to vary these terms
5.1 We may modify these Terms and Conditions from time to time. Any modifications shall become effective upon the posting of the revised Terms and Conditions on the Website, or by providing notice to you. You agree to be bound by any changes to these Terms and Conditions when you use the Services after any such modification has occurred. If you do not agree to be bound by them, you should not use the Services.
5.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6. The Products
6.1 The images of the Products on the site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your purchased Products may vary slightly from those images.
6.2 The packaging of the Products may vary from that shown on images on our site.
6.3 All Products shown on the site 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 we will not process your order if made.
7. Use of the Services
7.1 These Terms and Conditions include the Provider's policy for acceptable use of the Services and content posted on the Website and your rights, obligations and restrictions regarding your use of the Services.
7.2 When you complete the registration form to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the Provider immediately by emailing support@wisque.com if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
7.3 By using the Services, you represent and warrant that:
7.3.1 all registration information you submit is truthful and accurate;
7.3.2 you will maintain the accuracy of such information (including your email address);
7.3.3 where registration as a User is required in order to use a Service you are 18 years of age or older; and
7.3.4 your use of the Services does not violate any applicable law or regulation.
8. How we use your personal information
We use your personal information only in accordance with our Privacy Policy which can be viewed by clicking on the link at the bottom of each page of the website. Please take the time to read this, as it includes important terms which apply to you.
9. Information you provide
9.1 The following applies to any information you provide to us, for example, during any registration process.
9.1.1 You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the Services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties.
9.1.2 If you obtain or choose to buy the Services through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters or post reviews of other messages on any bulletin boards or in any chat areas then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our Privacy Policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these Terms and Conditions as 'Personal Information'.
9.1.3 You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your or your company's correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our Privacy Policy.
9.2 By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should contact us.
10. Availability of the Services
10.1 The Provider will endeavour to make the Services available but cannot guarantee that the Services will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
10.2 The Provider reserves the right to suspend the Services temporarily if the need arises, in order to carry out maintenance to the Services. Wherever possible, such suspensions shall take place outside of working hours and the User shall be notified in advance.
10.3 In order to use the Services, one of the following browsers is required: Firefox 65+, Safari 10.1+, Google Chrome 43+, Opera 30+, Edge 14+. The Services may work in a limited manner on other web browsers (including earlier versions of the previously mentioned browsers), but the Services were not designed for use on web browsers other than those recommended above.
11. Your consumer right of return and refund
This clause 11 only applies if you are a consumer.
11.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling Regulations 2000) during the period set out below in clause 11.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
11.2 However, this cancellation right does not apply in the case of:
11.2.1 any custom-made products, products made to your specification or clearly personalised;
11.2.2 newspapers, periodicals or magazines;
11.2.3 software, electronic or digital downloads;
11.2.4 DVDs or CDs which have a security seal which you have opened or unsealed.
11.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
11.4 To cancel a Contract, please contact us via the ‘Support’ functions on the website, or in writing to tell us by sending an e-mail to support@wisque.com. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.
11.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 22.2.1. If you returned the Products to us because they were faulty or mis-described, please see clause 11.6.
11.6 If you have returned the Products to us under this clause 11 because they are faulty or mis-described, 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.
11.7 We refund you on the credit card or debit card used by you to pay.
11.8 If the Products were delivered to you:
11.8.1 you must return the Products to us as soon as reasonably practicable;
11.8.2 unless the Products are faulty or not as described (in this case, see clause 11.6), you will be responsible for the cost of returning the Products to us;
11.8.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
11.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 11 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12. Intellectual property
12.1 All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) relating to the Services and all content (including all applications) located on the website shall remain vested in the Provider and/or third parties including, without limitation, any licensors from whom the Provider has licensed such rights (as the case may be).
12.2 You may not sub-licence, copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the content in any way except as otherwise expressly permitted by law. You also agree not to adapt, alter or create a derivative work from any of the Services except as otherwise expressly permitted by law. Any other use of the Services requires the prior written permission of the Provider.
12.3 The names, images and logos identifying the Provider or third parties and their products and services are subject to copyright, design rights and trademarks of the Provider and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of the Provider or any other third party.
12.4 You may not use the Services in a manner which infringes the Intellectual Property, proprietary or personal rights of any third party.
12.5 You represent and warrant to us that you will not add or upload any material to the Services for the purposes of creating a template on the Services, or for personalising text or images on any material offered on the Services, or for any other purpose, unless you are the owner of all proprietary rights in that material (or have been given a valid licence from the owner of the proprietary rights in such material) and you have obtained releases for all related copyright, privacy and publicity rights.
13. Content loaded, posted, transmitted or transferred
13.1 You are solely responsible for the content that you upload or post on any of the Services, and for your interactions with other Users. The Provider does not endorse and has no control over content uploaded or posted by Users. Content is not necessarily reviewed by the Provider and does not necessarily reflect the opinions or policies of the Provider. The Provider makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit or which is transmitted on your behalf using the Services.
13.2 The Provider also accepts no responsibility or liability for the storage or backup of any User data or for any loss or damage incurred as a result of any data lost.
13.3 Except to the extent which cannot be excluded or limited by law or regulation in respect of the content of the Services, the Provider assumes no responsibility for monitoring its Services for inappropriate content or conduct. If at any time the Provider chooses, in its sole discretion, to monitor the Services, except as required by law or regulation, the Provider nonetheless assumes no responsibility for the content (other than the Provider content), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
13.4 The Provider may delete, or in pre-moderated areas of its Services refrain from posting, any content that in the opinion of Provider violates these Terms and Conditions or which may be offensive, illegal or violate the rights of any person or which may harm or threaten the safety of any person.
14. Content prohibited
14.1 The following is a partial list of the kind of content that is illegal or prohibited to include in the personalisation features of the Services. The Provider reserves the right to investigate and take action against any User who, in the opinion of the Provider, violates this provision, including without limitation, removing the offending communication from the Services, preventing access to the Services and/or terminating the account of such violators and/or reporting to law enforcement authorities or regulatory bodies. Prohibited content includes, but is not limited to, content that in the opinion of the Provider:
14.1.1 infringes anyone's copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product;
14.1.2 provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual;
14.1.3 is offensive;
14.1.4 promotes racism, terrorism, hatred or physical harm of any kind against any group or individual or links to websites that promote the same;
14.1.5 harasses or advocates harassment of another person;
14.1.6 exploits people in a sexual or violent manner;
14.1.7 contains pornography, violence, or offensive subject matter or contains a link to an adult website;
14.1.8 solicits personal information from anyone under 18;
14.1.9 promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
14.1.10 promotes an illegal or unauthorised copy of another person's copyrighted work;
14.1.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
14.1.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
14.1.13 involves contests, contests for money, contests for money's worth, gambling, sweepstakes, barter, or pyramid schemes;
14.1.14 promotes, sells or offers products which are designed to restrain or harm people, including but not restricted to weapons;
14.1.15 promotes, sells or offers drugs or narcotics; or
14.1.16 misrepresents identity or impersonates any person.
15. Fulfilment
15.1 Your order will be ready for dispatch within 7 working days unless there is an Event Outside Our Control. If we are unable to meet the estimated fulfilment date because of an Event Outside Our Control, we will contact you.
15.2 Alternative options for different fulfilment times if available will be indicated on the site.
16. Delivery
16.1 Your order will be dispatched using tracked delivery where available.
16.2 Delivery will be completed when the Products are delivered to the address you gave us.
16.3 The Products will be your responsibility from the completion of delivery.
16.4 You own the Products once we have received payment in full, including all applicable delivery charges.
16.5 Alternative options for different delivery methods if available will be indicated on the site.
17. Price of products and delivery charges
17.1 The prices of the Products will be as quoted on our site from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 17.6 for what happens in this event.
17.2 Prices for the Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
17.3 The price of a Product shown includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
17.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. The delivery charge incurs an additional VAT charge.
17.5 Both Delivery and VAT charges will be shown on the Confirmation & Payment page, before you continue to payment.
17.6 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
17.6.1 where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
17.6.2 if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
18. How to pay
18.1 You can pay for Products only by using a debit card or credit card.
18.2 Payment for the Products and all applicable delivery charges is in advance.
19. Limitation of liability
19.1 The Provider will endeavour to provide the Services with reasonable skill and care.
19.2 Except as set out in sub-clause 19.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Services, our website, Products posted through the Services, or any information or service provided through our website. The Services and all content and information contained in the Services are provided on an 'as is', 'as available' and 'with all faults' basis and you assume total responsibility and risk for your use of the Services, content and information contained in the Services.
19.3 We supply the Products only for domestic and private use, or for internal use by your business. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.4 The Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User communication or any content. The Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or transaction due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.
19.5 Under no circumstances shall the Provider be responsible for any loss or damage resulting from use of the Services, attendance at an event organised through the Services, from any content posted through the Services, for any Product posted on the Services, or from the conduct of any Users of the Services, whether online or offline.
19.6 The Provider expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Provider cannot guarantee and does not promise any specific results from use of the Services.
19.7 Nothing in these Terms limits or excludes our liability for:
19.7.1 defective products under the Consumer Protection Act 1987.
19.7.2 death or personal injury caused by our negligence;
19.7.3 fraud or fraudulent misrepresentation;
19.7.4 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
19.7.5 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act (description, satisfactory quality, fitness for purpose and samples).
19.8 Subject to clause 19.7, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
19.8.1 any loss of profits, sales, business, or revenue;
19.8.2 loss or corruption of data, information or software;
19.8.3 loss of business opportunity;
19.8.4 loss of anticipated savings;
19.8.5 loss of goodwill; or
19.8.6 any indirect or consequential loss.
19.9 Subject to clause 19.7 and clause 19.8, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
19.10 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
20. Our liability if you are a consumer
This clause 20 applies only if you are a consumer.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
21. Events Outside Our Control
21.1 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 21.2.
21.2 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.
21.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
21.3.1 we will contact you as soon as reasonably possible to notify you; and
21.3.2 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.
22. Communications between us
22.1 When we refer, in these Terms, to "in writing", this will include e-mail.
22.2 If you are a consumer:
22.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 11, you must contact us in writing by sending an e-mail to support@wisque.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
22.2.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail at support@wisque.com.
22.3 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.
22.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
23. Other important terms
23.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
23.2 You may transfer your rights or your obligations under these Terms to another person only if we agree in writing.
23.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
23.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.5 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.
24. Indemnity
You undertake to indemnify and hold the Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners, employees, and licensors harmless from any loss, liability, demand, claim, damages or legal proceedings brought or threatened, including expenses (whether direct, indirect or consequential) suffered or incurred arising out of your use of the Services in violation of these Terms and Conditions, and/or arising from your use of the Services and/or a breach of these Terms and Conditions, or breach of legislation, regulation or directive.
25. Governing law and jurisdiction
25.1 If you are a consumer, please note that these Terms are governed by English law. This means that a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
25.2 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.