Terms & Conditions

Terms & Conditions

Section 1: Information about us

We are  Commerce Marketing  Limited and we operate the website ‘ www.boldfreds.com’ (our ‘Website’). We are a company registered in United Kingdom under company number  12187739 and with our registered office at Hillside, Barningham, Richmond, North Yorkshire, United Kingdom, DL11 7DU.

 

You can contact us by emailing to us at hello@boldfreds.com

We sell bespoke t-shirts and jumpers, we refer to these as Our ‘Products’.

Purchasing Our Products as ‘Your Purchase’.

Our Website, Our Products, and everything we offer is referred to as ‘Our Service’.

Anything on our Website is referred to as ‘Our Content’.

Section 2: These Terms and Conditions

These are our Terms and Conditions on which we supply products to you. Our Terms and Conditions apply to users, viewers and customers of our Website. Please acknowledge that you have read, understood and agree to our Terms and Conditions before using this website or purchasing our products. By browsing any part of our Website or purchasing any of our products, this indicates that you accept our Terms and Conditions and are legally bound by them. If you do not agree then we simply ask that you do not use our Website or our Company products. Please note that we may make changes to these Terms and Conditions from time to time but will always notify you of this by email so you have the option to opt out of the agreement and cease to use our Website and our Company products. 

 

Section 3: Our Contract With You

The Company’s acceptance of the purchase of ‘Your Purchase’ will take place when we email you to accept it, at which point a contract will come into existence with you and the Company. You accept that you are now legally binded to our Terms and Conditions and are over 18 years old. If for any reason we are unable to accept your order, we will inform you of this and will not charge you any money. The price of the product will be the price indicated (including VAT). We take all reasonable care to ensure that the price of the product advised to you is correct. If an error does occur, we will make every effort to contact you to confirm if you would like to proceed with the order at the correct price. Our Website is for the promotion of products worldwide and we do accept orders and deliver to outside of the UK

 

Section 4: Product Availability and Delivery 

We will complete your order as soon as reasonably possible. In any event we anticipate this will be within 1-2 working days unless exceptional circumstances occur or we have informed you of a delay or that ‘Our Products’ are out of stock. We will try to dispatch to you an equal or like for like item of greater value if we can but will inform you if we do so or cannot do so.

 

We reserve the right to take no responsibility for delays to our delivery that are out of our control. In the event that this takes place, we will contact you to let you know and ensure that we take appropriate steps to keep the delay to a minimum. As long as we inform you, we will not be liable for any delays caused by the event but if this delay is unreasonable then you reserve your right to contact us to cancel your ‘Contract’ with us and receive a refund for any products/subscription you have paid for but not received.

 

Section 5: When Our Risk becomes Your Risk 

From the point of delivery, you agree that our Products are now at your risk. Owning of our Products is only passed to you once we receive payment for Our Products and also payment of delivery. ‘Our Service; is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. 

 

Section 6: Our Products

We reserve the right to withdraw or replace products online without notice. Prices and specifications of products are also subject to change without notice. 

 

Section 7: Refund and Cancellation Policy

7.1 The Consumer Contracts Regulations 2013 provides you with the right as consumer to cancel any contract within 14 days. To cancel ‘Your Purchase’ with us then please let us know by email within 14 days after receiving delivery (email above). If you choose to cancel the contract after the products have been dispatched to you, you must return them to us once you receive them. You must send back the products within 14 days of telling us you wish to cancel. We will refund you the price you paid, excluding the cost of delivery, by the method you used for payment. However, we may reduce your refund of the price to reflect any reduction in the value of the goods.  

Section 8: Offers and Promotional Codes

Offers or Promotion Codes cannot be used with other offers and promotion codes. They may be subject to expiry date and availability and this will be explained to you when the offer is first publicised. They can only be used once per customer and also per customer registered at that address. Your Order will not be processed with the offer or promotion if we have already processed an order with the offer or promotion to the same address. You will then have the opportunity to purchase the order anyway without the offer or promotion. If we have reason to believe you have used different email addresses and delivery addresses to use our offer and promotional code multiple times, we may decide to treat this as fraudulent activity. We will then charge the Products original price without the offer or promotion price. We will be able to pull any offers or promotions at any time and these offers and promotional codes will not be able to be used once they have been pulled. If our promotion codes/offers process incorrectly, you will be notified once we are aware of the error and we will try to rectify it but you are within your right to contact us to cancel your order should this occur.

 

Section 9: Personal Billing and Account Information

We are in our right to refuse any order you make with us. We have the legal rights to restrict or cancel products purchased per person, per household or per order. We can make these restrictions under the same customer account, credit card, and/or orders that have the same billing or shipping addresses. We will notify you if this occurs with your order by the email provided when the order was made. We also reserve the right to restrict or stop orders that, in our own judgment, are suspected of being placed by dealers, resellers or distributors.

 

Section 10: Errors, Inaccuracies and Omissions on ‘Our Website’ and on ‘Our Product’ descriptions

We are not all perfect and it may be that ‘Our Website’ contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability of products. We are able to and will correct any inaccuracies, errors or omissions. We also have the right to change or update information or cancel orders if any information on the Website about our Products is inaccurate at any time and we are able to do this without any notice beforehand (even if the order has already been submitted). We are under no obligation to update, amend or clarify information on our Website or on any related website and this includes without limitation, pricing information, except as required by law. No refresh date applied to our Website or on any other related website, should be used to inform you reliably that any updates have taken place.

 

Section 11: Personal Information

We refer to our promises to you to protect your personal information in our Privacy Policy.

 

Sections 12: Third Party Vendors and external tools

Use of ‘Our Website’, ‘Our Content’ and ‘Our Products’ may lead to the use of third-party tools and third-party links and these are not monitored, controlled or have any input by us in any way. Third-party links may provide you with access to third-party Websites not to be associated with us. We provide access to these tools as they are and as they are available and do not have any warranties, representations or terms and conditions of any kind related to these tools. We have no endorsement to include these tools and are not responsible for their content or its accuracy. Therefore we reserve no liability to your use of these optional third party tools or links. Your use and operation of these tools is at your own risk and we advise that you approve the third party providers Terms and Conditions before use. We are in no way liable for any damages related to the purchase or use of goods, services, resources, content, or any other use related to these third-party websites. Any new services introduced to our Website in the future may include new third party tools and these shall also be subject to these Terms and Conditions. Any complaints, claims, concerns or questions related to these third-party vendors should be sent to the third-party themselves. 

Section 13: Indemnification 

You agree not to hold us responsible for any loss, damage or legal liability. You deem us as harmless and agree to indemnify and defend us from any claim or demand, including reasonable lawyer fees made by any third-party due to or arising out of breach of these Terms and Conditions or the documents they feature by reference, or your violation of any law or rights of a third-party.

Section 14: Statement on Warranty; Limitation of Liability

14.1 We do not warrant, guarantee or represent that your use of ‘Our Service’ will be uninterrupted, timely, secure or error-free. 

14.2 You agree that at times we are within our own right to remove ‘Our Service’ for indefinite periods of time or cancel the service at any time without notice to you.

14.3 You agree that your use or inability to use ‘Our Service’ is at your own risk. ‘Our Service’, ‘Our Products’ are provided as they are and as they are available for your usage and come without representation, warranties or conditions of any kind including express or implied warranties, and also implied warranties or conditions of fitness for the ordinary purposes for which the product is to be used, its quality in relation to this and also particular purpose, durability, title, and does not infringe another’s intellectual property rights.

14.4  Commerce Marketing Limited will in no circumstances, be liable or shall its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind. These include 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 ‘Our Service or ‘Our Products’ procured using ‘Our Service’, or for any other claim related in any way to your use of ‘Our Service’ or ‘Our Products’, including but not limited to, any errors or omissions in any content, or any loss of damage of any kind incurred as a result of the use of the service or any content posted, transmitted or otherwise made available via the service, even if advised of their possibility. Where in some jurisdictions, the exclusion of limitation of liability is not permitted for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in these jurisdictions.

 

Section 15: Severability of any Terms

In the event that a court of law declares one or more of these terms to be void or unenforceable, the rest of our Terms and Conditions will still remain in force.

 

Section 16: This Entire Agreement

If we fail to enforce or use any right or provisions of these Terms and Conditions, this does not waiver the right or provision and means they are still enforceable. Further to this, these Terms and Conditions and any of our policies on ‘Our Website’ or in relation to ‘Our Service’ make up the entire agreement and understanding between you and us. It governs your use of ‘Our Service’ and takes the place of any prior agreements or policies that have been written or verbal between you and us. This includes any previous Terms and Conditions. Any ambiguity in the interpretation or misinterpretation of our Terms and Conditions are not the responsibility of the party that drafted, prepared and examined our Terms and Conditions. No implication shall be drawn or made against any Party, by the virtue of the drafting of our Terms and Conditions.

 

Section 17: Termination of these Terms and Conditions

Commerce Marketing Limited reserves the right to keep these Term and Conditions in effect until the termination date meaning that the obligations and liabilities outlined in these Terms and Conditions are legally binding prior to the termination date. The Terms and Conditions will remain in effect until terminated by either you or us. You are entitled to terminate these Terms and Conditions at any point by notifying us by email that you no longer wish to use ‘Our Service’ or ‘Our Website’ or ‘Our Products’. If in our own judgment, we suspect you have failed to comply with these Terms and Conditions, we also may terminate this agreement and your use of ‘Our Services' at any point without notice. In the event that we decide to do this, you will still be liable for payments due up to and on the date of termination. 

 

Section 18: The Law

Our Terms and Conditions are governed by and read in accordance with United Kingdom law. Any dispute in relation to Our Terms and Conditions Contract shall be subject to the non-exclusive jurisdiction of the courts of United Kingdom. Should any of our provisions be deemed unlawful and then void or unenforced, that provision shall be severed but the rest shall still remain in force.

 

Section 19: Intellectual Property and Copyright

19.1 Our ‘Content’ refers to content on our site that is owned and produced by us. The Content is protected by copyright, trademark, patent, trade secret and other laws and we reserve all rights in our Content and our Website. We grant you limited access to retrieve and display our Content but this can be stopped and limited and does not give you rights to sublicense. It is to be for your personal, non-commercial use, which is only to be used to the extent of viewing our Website and placing orders. You are allowed to retrieve and display our Content on a computer screen and store our content in a form that is a device or server connected to a network, or print one copy of our Content for your own personal, non-commercial use, provided you keep intact all and any copyright and ownership rights. You must not reproduce, modify, copy or distribute or use for commercial purposes any of our Content without obtaining written permission from Commerce Marketing Limited.  We expect that you will secure us against legal liability for your actions and enter an indemnity with us for all losses, liabilities, costs and expenses reasonably incurred by us or for which we may become liable for. This includes but is not limited to all damages awarded against us under any judgment by a court of law and all settlement sums paid by us as a result of any settlement agreed by us. This may be due to or in connection with

19.2 Any claim from a third party that your use of our Website being for anything unlawful, abusive or damaging to anyone’s reputation

19.3 Any claim from a third party that your use of our Website is an infringement of that third parties copyright or intellectual property rights 

19.4 Any fines or penalties issued by any regulatory, advertising or trading body or authority in connection with your use of our Website.

 

Section 20: Contact Us

hello@boldfreds.com