Terms & Conditions
TERMS & CONDITIONS
Last Revised: 5/4/2019
The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”) and Stebbing & Associates Ltd, trading as Disciples of Print (“Disciples of Print”) (“we”, “us”) and contains the terms and conditions that apply to your access and use of the website and The Services provided by Us.
Please read these terms and conditions (the “Terms”) carefully. By accessing our website: www.disciplesofprint.co.nz, you signify that you agree with these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use, or access (or continue to use or access) the Website.
Disciples of Print reserves the right to modify this Agreement and/or the Policies (and update The Disciples of Print Web Page on which they are displayed) from time to time. A date will be applied at the top of the page therefore it is important that you check this page regularly. Your continued use of the website and your purchase or engagement with Disciples of Print indicates you agree to all Terms set forth herein.1. Services
1.1 Disciples of Print services include:
1.1.1 the creation of “Ready to Buy” textile prints.
1.2 Business hours for Disciples of Print are: Monday to Friday, 9:00am - 5:00pm, New Zealand Standard time (NZDT).2. Cancellations
2.1 All products sold from Disciples of Print are final, and are sold on a no return or credit basis, once an order has been complete, and payment has been processed.
2.2 As per New Zealand Consumer Law, where a product has been listed at an incorrect price, incorrect description or image due to typographical error or similar oversight, Disciples of Print reserves the right to cancel and/or amend a transaction.3. Links
3.1 This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that Disciples of Print endorses, has investigated or verified the linked websites. They are provided on an ‘as is’ basis.
4.1 You agree that at all times that:
4.1.1 You will comply with this Agreement (including all Disciples of Print Policies) and all applicable laws and regulations; and
4.1.2 You will provide accurate information, to the best of your knowledge; and
4.1.3 You will not infringe, misappropriate or violate a third party’s intellectual property rights, or privacy rights, or any other rights or result in the violation of any applicable law or regulation.5. Payments
5.1 Payment of services and/or products from Disciples of Print will be in New Zealand Dollars (NZD).
5.2 Payment will be made via Electronic Funds Transfer (EFT) and Paypal.
5.3 Full and punctual advanced payment is required prior to the product being dispatched.
5.4 All prices displayed of products or services are advertised on the Website. These can be changed without notice.
5.5 In the event Disciples of Print is required to recover any unpaid costs:
5.5.1 all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and
5.5.2 where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.6. Deliveries
6.1 Products purchased from Disciples of Print will be delivered electronically to the clients registered email address via an online file sharing service such as Dropbox.
6.2 Once your order has been processed you will be sent a link to an online folder where you can download your vector EPS/AI file electronically. The file will also include any additional colourways the designer has uploaded. You will receive the EPS/AI file in layers and colour separated which will enable you to edit and customize the design further in packages such as Adobe Illustrator. The files will be supplied within 24 hours of your order being processed. Contact firstname.lastname@example.org if you have any issues with downloading or editing the files.
6.3 Delivery email addresses cannot be altered once an Order has been processed and uploaded to the file sharing service.
6.4 Disciples of Print makes every reasonable effort through its delivery service to ensure that your product arrives to you safely.7. Intellectual Property
7.1 The information, blogs, text materials, course materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Disciples of Print Website and or any of its Platforms are protected by copyright, trademark and other intellectual property laws.
7.2 If images or information from Disciples of Print are shared on social media platforms including but not limited to Pinterest, Instagram or Facebook, they must be credited and linked back to Disciples of Print.
7.3 Disciples of Print values the copyrights and exclusivity of its prints and ownership of the design/s does not pass to the purchaser until all monies are paid in full to Stebbing and Associates Ltd and the files have been transferred from Disciples of Print to the purchaser.
7.4 Any copying of imagery, products, text or works featured on our website without purchasing or been given permission from Disciples of Print, is strictly forbidden in any way or form including digitally or photographically.
7.4.1 Modifying or copying the materials;
7.4.2 Using the materials for any commercial purpose, or for any public display (commercial or non-commercial);
7.4.3 Attempting to decompile or reverse engineer any materials contained on the Disciples of Print website;
7.4.4 Removing any copyright or other proprietary notations from the materials; or
7.4.5 Transferring the materials to another person or "mirror" the materials on any other server.
7.5 Where Disciples of Print suspects that a Client is using its information or intellectual property for commercial purposes, we reserve the right to take appropriate legal action.8. Refunds
8.1 Pursuant to relevant New Zealand Consumer Laws, Disciples of Print agrees to provide our services with due care and skill; and note that we meet a level of professional skill or knowledge to deliver the Services that we provide.
8.2 We cannot provide a refund where a Client has changed their mind(s) about our services.
8.3 Refunds will be provided to Clients where an accidental duplicate payment has been processed either on the fault of the Client or Disciples of Print.
8.4 Any requests for cancellations or refunds not specified above will be at the sole discretion of Disciples of Print, and will be assessed on a case by case basis. Such refunds will be exclusive of any postage and handling costs.
8.5 A refund offer of credit for other products of Disciples of Print may be offered to clients at Disciples of Print’s discretion.
8.6 Where a Product ordered and received arrives in a damaged state, and it was a fault from us, Disciples of Print, a replacement or refund will be offered.9. No warranties
9.1 To the extent permitted by law, Disciples of Print does make any warranties of any kind, either express or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including but not limited to, warranties of merchantability or fitness for purpose and all such warranties are hereby excluded.10. Availability, Errors and Inaccuracies
10.1 As we are constantly updating our product offering, there may be times we may experience some delays in updating information on our product page, and in our advertising on other websites. There may be instances where there may be errors or inaccuracies found on our web page that may not be complete or current, or if products or services are mispriced, described inaccurately, or unavailable. We cannot guarantee the accuracy or completely of any information found on our website.
10.2 We reserve the right to change or update the information and to correct errors, inaccuracies, or omissions at any time without prior notice.11. Liability
11.1 Disciples of Print nor any of its officers, will be liable to you or anyone for any delays, errors, omissions, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, consequential or punitive damages or any legal costs arising out of, or in connection with:
11.1.1 the use of the Disciples of Print website;
11.1.2 the use of information provided by you through Disciples of Print on its website and/or its platforms; or
11.1.3 the use of any products and/or resources provided to you by Disciple of Print;
11.1.4 you or anyone else being unable to access Disciples of Print for any reason.
11.2 You acknowledge that materials on the Disciples of Print website may contain technical, typographical or photographic errors.
11.3 Disciple of Print do not make any commitment to update the materials.
11.4 You indemnify Disciples of Print harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Disciples of Print in respect of the provision of the Services to You; use of the Services, resources or products to You; and/or any breach of this agreement by You.
11.5 Disciples of Print makes no guarantee as to the availability or suitability of services, or information on this Site or to its materials.
11.6 Disciples of Print nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Disciples of Print, including such conduct or material transmitted by means by any other person.12. Disputes and Mediation
12.1 If the Client has a complaint or concerns about the website, please contact Disciples of Print directly through email@example.com
12.2 Where disputes have occurred, mediation will be the first cause of action, if communications between the Client and Disciples of Print to attempt to resolve the dispute has been exhausted.
12.3 All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.13. Choice of Law
13.1 The agreement herein is governed by the law in force in New Zealand and you and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.
14.1 Disciples of Print reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.