Acceptance Terms and Conditions of Vinyl FX Ltd. Website
Please read these Terms of Use carefully. These Terms of Use govern your access and use of the VinylFX Ltd. website and mobile site (collectively, the “Site”) as well as the provision and sale of products and services by VinylFX Ltd. and/or its affiliates and/or fulfilment providers, as the context may require (“VinylFX Ltd.” “we,” “us,” or “our”).
By accessing or using this Site and its related software tools, applications or any other VinylFX Ltd. services, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules may be posted in connection with specific sections or services of this Site.
All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.
Every offer of VinylFX Ltd. products and/or services on VinylFX Ltd. Site as well as every transaction, order and agreement is concluded through our Site is governed by our Terms of Use. The applicability of any terms and conditions of you or any third party on behalf of you is expressly dismissed and shall not apply, even if VinylFX Ltd. has not specifically rejected them.
VinylFX Ltd. reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.
You also agree VinylFX Ltd. may provide all legal communications and notices to you electronically by posting them on this Site or, at VinylFX Ltd. election, by sending an e-mail to the e-mail address you provided to VinylFX Ltd. when you registered at this Site. You may withdraw your consent to receive communications from VinylFX Ltd. electronically by contacting customer care in writing by email to: info@vinylfxltd.co.uk
Standard for Electronic Transaction
VinylFX Ltd. is governed by, is obligated to comply with, and fully supports the spirit of the UK laws for Electronic Transactions.
Terms of Sale
Before you place an order online, you must have a VinylFX Ltd. account which is created by completing the registration form on the Site. You are responsible at all times for each and every use of the account. VinylFX Ltd. has the right to refuse any requests made by you and to close your VinylFX Ltd. account immediately in the event of any breach of these Terms. All of VinylFX Ltd. offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and VinylFX Ltd. is subject to VinylFX Ltd. acceptance of the order and are formed when you receive the Order Confirmation by email.
Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of VinylFX Ltd. or the copyrighted property of parties from whom VinylFX Ltd. has licensed such property. All rights in this Site and its Content are reserved worldwide/UK. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. VinylFX Ltd. reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to content remain the property of VinylFX Ltd. and its licensors.
The vinyl print design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. VinylFX Ltd. reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any rights or claims to any of the individual vinyl print design elements through your creation of a design and/or your incorporation of a vinyl print design into one or more products. Other VinylFX Ltd. customers may use the design tools to create design have similar or identical combinations of these elements and VinylFX Ltd. does not guarantee your printed design will not have similarities to designed and used by other parties.
VinylFX Ltd. provides no warranty of any kind designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.
Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through VinylFX Ltd. (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from VinylFX Ltd. does not entitle you to use any portion of Content apart from the finished Products as VinylFX Ltd. supplies them. You agree to use this Site in a responsible manner, which is in full compliance with these Terms of Use and with UK laws, and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree you will not use the Site to produce Products are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable.
VinylFX Ltd. reserves the right, in Vinyl FX Ltd.’s sole discretion, to refuse to accept any content provided by you to VinylFX Ltd. or to process any order at any time and for any reason. VinylFX Ltd. also may terminate its service to and/or the accounts of yours found to be using VinylFX Ltd. to engage in undesirable activities or otherwise violating these Terms of Use.
You agree VinylFX Ltd. shall have no liability of any kind to you or to any third party arising from such refusal or termination. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorisations from the owners.
You warrant your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and you have all required rights or permissions necessary to incorporate third party material into your Products, including any third party material made available via a third party design service which may be accessed via the Site. By placing an order on this Site, you warrant you have all necessary permission, right and authority to place the order and you authorise VinylFX Ltd. to produce the Products on your behalf.
You grant VinylFX Ltd. the right to copy, modify, distribute, use, and create derivative works of and victories any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant you have sufficient rights to permit VinylFX Ltd. to copy, distribute, use, modify, create derivative works of and vectorise any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you. You agree you are responsible for protecting your password and controlling access to your registered account. You agree you are responsible for all orders placed or other actions are taken through your registered account.
Transfer of Title
You agree the risk of loss and title for any printed Product pass to you upon our delivery to VinylFX Ltd. carrier. For any Product is to be provided to you in an electronic format, you agree delivery of such Product shall be deemed to have occurred either (a) at the time VinylFX Ltd. transmits the Product via email or other electronic communication addressed to you or (b) at the time VinylFX Ltd. transmit a notification to you the Product is available for downloading from the Site.
Right of Withdrawal
The legal right to withdraw from the agreement with VinylFX Ltd. (also called the legal right to cancel the order) within 24 hours does not apply to the order of a customised Product. In relation to any of the non-customised Products you have ordered from the Site and those products or services do not attribute to your commercial or practical practice, you have a period of 24 hours to withdraw from the agreement with VinylFX Ltd. without giving any reason. The withdrawal period of 24 hours expires after 24 hours from the day on which you receive the Products, namely physical possession of the last good. To exercise the right of withdrawal you must contact in writing VinylFX Ltd. by email.
Indemnification
You agree you shall indemnify VinylFX Ltd. and all parties from whom VinylFX Ltd. has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to VinylFX Ltd. or incorporated into Products. As to clause (ii), you agree VinylFX Ltd. have the right to control the defense of any such suit, claim or demand.
Disclaimer of Warranty
The Site and its content are provided “as is” without warranty of any kind, either expressed or implied, including, yet not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge operation of the Site may not be uninterrupted or error free. While VinylFX Ltd. make reasonable efforts to accurately display the attributes of products, VinylFX Ltd. does not warrant product descriptions are accurate, reliable and error-free. References and links to products or services of independent companies may appear on the Site. These references and links are provided “as is” without warranty of any kind, either expressed or implied.
Some jurisdictions may provide you with certain warranties or guarantees which cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for VinylFX Ltd. to do so. If those consumer guarantees apply to you, and VinylFX Ltd. cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, VinylFX Ltd.: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of VinylFX Ltd. to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond VinylFX Ltd. ‘s control. Please note VinylFX Ltd. cannot be responsible for: spelling, punctuation or grammatical errors made by you, inferior quality or low-resolution of uploaded images, design errors introduced by you in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to you. Please preview your designs carefully and correct any mistakes prior to placing your order. VinylFX Ltd. does not proof documents created by you prior to processing.
Limitation of Liability
In no event shall VinylFX Ltd. or its licensors, suppliers, or vendors, or the officers, directors, employees, or agents of any of them, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not VinylFX Ltd. has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services you order from VinylFX Ltd. or its affiliates, including without limitation, damages arising from mistake, omission, delay, or interruption of service. In no event shall VinylFX Ltd. be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorised use of this Site or its content or VinylFX Ltd. supplied products or services. If you live in a country or state, which does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in the above section, such exclusions or limitations will not apply to you however only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.
Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to VinylFX Ltd. in connection with the operation or content of this Site shall be provided by the submitter and received by VinylFX Ltd. on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of VinylFX Ltd. By submitting any such information to VinylFX Ltd., you agree you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree VinylFX Ltd. shall be free to use such information on an unrestricted basis.
Data protection principles
This notice explains how VinylFX Ltd. processes your personal information. VinylFX Ltd. complies with the principles of the Data Protection Act 1998, GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
The eight principles relating of the processing of personal information are:
• Fairly and lawfully processed
• Processed for a limited time
• Adequate, relevant & not excessive
• Accurate
• Refrain from keeping longer than necessary
• Processed in accordance with your rights
• Secure
• Refrain from transferring to countries without adequate protection
Your privacy and security are of utmost importance to VinylFX Ltd. VinylFX Ltd. aims to follow these principles and ask you how you might like VinylFX Ltd. (or VinylFX Ltd.’s partners) to communicate with you. The Information Commissioner regulates compliance with the Data Protection Act.
By collecting your data, it allows VinylFX Ltd. to understand what your needs and wants are, provide personalised content and match the most relevant services for you. It also allows VinylFX Ltd. to provide targeted offers and services you may be interested to hear about.
By completing any forms on the website with personal information or by the continued use of VinylFX Ltd. services, you are consenting to:
a) our processing your sensitive personal data such as health data for the above purposes, and
b) the transfer and processing of your information in countries inside the UK and outside of the European Economic Area which may not provide the same level of data protection as the UK. If we do make such a transfer or if your personal information aims to be processed outside of the European Economic Area, we aim to put it in writing to ensure your information is protected.
Marketing Consent
When you give VinylFX Ltd. your personal information, VinylFX Ltd. aims to offer you the option to receive additional ongoing marketing communications from VinylFX Ltd., which may include offers and news of alternative products and services. VinylFX Ltd. refrain from selling your data to other companies to use for their marketing purposes.
All of VinylFX Ltd. marketing communications aim to have a method to unsubscribe. You may also exercise your right to opt out of the use of your information for marketing purposes at any time by contacting VinylFX Ltd. by one of the methods explained at the end of these Terms. VinylFX Ltd. may supply personal data to trusted suppliers for analysis purposes. This aims to be done under agreement with VinylFX Ltd. and may be in line with this policy.
VinylFX Ltd. may work with other companies for promotional purposes where you may be asked to opt-in for future contact from which specific partner. With your permission, VinylFX Ltd. transfers your data to the third party at which point it may fall under his or her own privacy and security controls. VinylFX Ltd. is unable to be held liable for subsequent challenges arising from third party usage of transferred data.
Disclosure
Your personal information aims to be disclosed where VinylFX Ltd. are obliged or permitted by law to do so. If you post or send offensive or objectionable content anywhere on or to VinylFX Ltd. website or otherwise engage in any disruptive behaviour on VinylFX Ltd. website, Vinyl FX Ltd. may use the information, which is available to VinylFX Ltd. about you to stop such behaviour and report the matter to the police or legal.
Information Requests
You have a right to ask for a copy of your personal information, which VinylFX Ltd. may hold, about you (for which VinylFX Ltd. charge a small processing fee) and to ask VinylFX Ltd. to correct any inaccuracies in your personal information (which is free). To make sure VinylFX Ltd. follows your instructions correctly and to improve VinylFX Ltd.’s service to you through, VinylFX Ltd. may monitor or record telephone calls.
Notification of changes
From time to time, VinylFX Ltd. may make changes to this Privacy Policy. This may be in relation to changes in the law, the best practice, and changes in VinylFX Ltd. services or treatment of your personal information. VinylFX Ltd. aims to always display clearly when the privacy policy was last amended on the website.
VinylFX Ltd. provides data services under the “GDPR”, General Data Protection Regulation of the European Union as of 25th May 2018.
VinylFX Ltd.’s endeavors to provide you with the ability to fulfill all corporate obligations of the GDPR. VinylFX Ltd. ensures you may delete data as if the data is processed within the EU. VinylFX Ltd. ensures you may correct your data as if the data were being processed within the EU.
VinylFX Ltd. ensures you are able to transfer its data to any EU resident in a human-readable format where appropriate and in any responsibilities concerning reports on data security. VinylFX Ltd. endeavor to keep the customers’ data secure through ‘privacy by design and to retain good privacy by design as a standard way to work. Data is held in a secure location, typically an office, where it is reasonable to expect safety.
For times where data is being processed outside of a normal office (such as staff travelling with laptops), staff who work with data are given adequate services to work with standard tasks while holding all personal data in RAM only, such if the laptops power is disconnected then all sensitive data is lost. Travelling data also has normal passwords implemented for this to be effective, e.g. when a laptop is put into sleep mode, or switched off. Other standard data security practices are also acceptable, such as local encryption, as appropriate.
VinylFX Ltd. ensures you are fulfilled by all obligations concerning data breaches. If VinylFX Ltd. becomes aware of a data breach, VinylFX Ltd. informs you of the breach within twenty-four hours of becoming aware of the breach.
General information about data protection may be found at:
Information Commissioner’s website and GDPR: www.ico.org.uk
Direct Marketing Association: www.dma.org.uk
Consumer advice from the DMA: www.mydm.co.uk
Miscellaneous
You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant you are at least 18 years old or have permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, this provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
Governing Law
The party you are contracting with and the seller of the products and services offered and sold on this Site is Vinyl FX Ltd., a limited company organised under the laws of the United Kingdom with its main office in: Unit 8,Tower House Lane Business Park, Hedon Road, Hull, HU12 8EE.
All situations related to the protection, the copyright laws of England shall govern infringement, or misuse of copyrighted materials. All other matters relating to your access to or use of this Site shall be governed by the laws of England. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in London, England. You agree to submit to the jurisdiction of courts sitting in London, England and agree venue in these courts is proper in any such legal action or proceeding. You also agree you not assert, in any legal action or proceeding involving VinylFX Ltd., a court sitting in London, England is an inconvenient forum for such legal action or proceeding.
To raise any concerns or questions about the above terms and conditions, VinylFX Ltd. may be contactable by:
Email: info@vinylfxltd.co.uk
Telephone: 01482 896 462
Address: VinylFX Ltd., Unit 8,Tower House Lane Business Park, Hedon Road, Hull, HU12 8EE