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1stBadge - Terms and conditions of Use and Sale
These terms apply to the entire contents of this website under the domain name 1stbadge.co.uk, 1stbadge.com, 1st-badge.co.uk, 1st-badge.com, firstbadge.co.uk, firstbadge.com, and firstbadge.eu (the “Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. The Website is a site operated by Thomas Fattorini Limited, registered in England under company number 153351 with its registered office at Skipton Castle, Skipton, North Yorkshire, BD23 1AQ (the “Company”).
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website may only be open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted these terms in full. If you do not accept these terms in full, you must leave the Website immediately.
1.3 The Company may revise these terms at any time by updating this posting. You should check the Website from time to time to review the then current terms, because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages on the Website.
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
2.1.1 no documents or related graphics on the Website are modified in any way;
2.1.2 no graphics on the Website are used separately from accompanying text; and
2.1.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright, trademarks, logos and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of these terms, any use of extracts from the Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of these terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to paragraph 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3 Service Access
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4 Visitor material and conduct
4.2 You are prohibited from posting or transmitting to or from the Website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, violent, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
4.2.2 for which you have not obtained all necessary licences and/or approvals; or
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world.
4.3 You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
4.4 If you breach paragraph 4.3, you will commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use the Website will cease immediately.
4.5 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
5 Links to other websites
5.1 You may link to the Website, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
5.2 You must not establish a link for the Website from any website that is not owned by you.
5.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. The Company reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with paragraph 4 above.
5.5 The Company will try to provide you with links to good quality, reputable websites which we believe will be of interest and relevant to you, but please note that the Company has not reviewed all of these third party websites and they are not under the Company’s control and the Company is not responsible for and does not contribute to the content of such websites. When you click through to any of these websites you leave the area controlled by the Company. The Company does not endorse or make representations, whether as to quality, propriety or otherwise, about such websites, or any material found there, or any results that may be obtained by using them, nor does it accept responsibility for any issues arising in connection with the third party’s use of your data, the website content or the services offered to you by these websites.
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7 Sales Orders
7.1 All order-requests are made subject to the acceptance by you, the customer, of the site's terms and conditions. Our confirmation of your order-request is an acknowledgement that the web server has processed your order-request, it does not however confirm that we have received your order-request. Fulfilment of the order-request is subject to stock availability and our acceptance of your order-request. Thomas Fattorini Ltd is under no obligation to fulfil your order. No amendments to these terms and conditions will be accepted by Thomas Fattorini Ltd.
8.1 Prices are in UK Sterling (£).
8.2 We try and ensure that all prices displayed on our Website are accurate but we will need to validate the price on your order-request prior to processing your order. If the price shown on the order request is incorrect, we will contact you to let you know the correct price and give you the opportunity of cancelling before we dispatch the goods.
9 Payment terms
We can accept most major credit cards and for security we use the SagePay online payment gateway. The site operates on an immediate payment basis. Once funds are cleared we then process the order.
From our acceptance of your order, all stock items i.e. those that are not personalised badges, will normally be despatched the same working day (if ordered before 2pm). For all other products, despatch would be in the region of 2-4 days being subject to our factory's normal loading. If you require an earlier delivery, please talk to us. Please note that we can not accept responsibility for any failure on the part of any courier or delivery service used to deliver your goods. We provide two methods of delivery for UK customers: 1st Class Recorded (signed for) and a courier service - delivery costs are weight and size dependent but will be no greater than £9.20 per consignment (at 2016 prices).
For international customers we use Royal Mail; the price will be calculated at checkout based on weight and parcel size.
11. Retention of Title.
All goods will remain the property of the Company until the price has been paid in full and the customer shall remain a debtor only until payment is made.
All complaints by the customer relating to the goods must be notified by the customer to the company in writing within 14 DAYS of the date of receipt.
All refunds will be ultimately at the discretion of the management at Thomas Fattorini Ltd.
14.1 The Website is provided free of charge and without warranties or guarantees. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. Information contained on the Website may contain technical inaccuracies or typographical mistakes. The Company may update or make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
14.2 The material on the Website is provided on an “as is” basis, without any conditions, warranties or other terms of any kind either express or implied. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions as to non-infringement, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms might have effect in relation to the Website.
14.3 You accept the risk that data transmitted electronically to the Company via the Website or otherwise may be intercepted before reaching the Company or accessed from the Company’s data storage means by third parties unauthorized by the Company and may be exploited unlawfully by the said unauthorized third parties. The Company does not assume responsibility for guarding against the acts of the said unauthorised third parties.
15.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), any of the Company’s group companies, and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive or consequential loss or damages, or any loss of income, profits, anticipated savings, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses, worms, Trojan horses, logic bombs or other malicious or technologically harmful items that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website, or your downloading of any material from the Website or any websites linked to the Website.
15.2 Nothing in these terms shall exclude or limit the Company’s liability for:
15.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
15.2.2 fraud or fraudulent misrepresentation; or
15.2.3 any liability which cannot be excluded or limited under any applicable law.
15.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
16 Governing law and jurisdiction
These terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.