Terms And Conditions Of Use
This Terms and Conditions Agreement ("Terms and Conditions") applies to use of the Pinbroidery web site (the "Site") located at http://www.pinbroidery.com. Before you make any purchases, you must first establish a customer account ("Account"). By clicking "I have read, understand and agree to the Terms and Conditions", you agree to these Terms and Conditions. If you do not agree, do not click the button and do not make any purchases.
Authorised End Users.
You (the "Authorised End User") must have opened an account with this Site and be in full compliance with these Terms and Conditions.
Pattern Usage Rules.
All patterns and pattern instructions (the "Patterns") are sublicensed to End Users and not sold, notwithstanding use of the terms "sell," "purchase," "order,"
or "buy" on the Site or these Terms and Conditions. Your pattern sublicense is nonexclusive, nontransferrable, and nonsublicensable.
You may use the Patterns to produce cards for personal pleasure and personal giving.
Any card made from the Patterns and offered for sale must include a copyright statement with the words "Design copyright www.pinbroidery.com".
You may print or copy the Patterns solely for the purpose of making your own cards. Your license does not allow you to re-sell the Patterns, swap the Patterns, donate the Patterns or in any way pass on the Patterns to another end user.
Prohibited Uses of the Patterns.
You may not upload the Patterns to the Internet. You may not create any "derivative works" by altering any of the Patterns. You may not use the Patterns in conjunction with any other third-party content (e.g, books or magazine articles). You further agree to indemnify and hold harmless Pinbroidery for your failure to comply with this section.
2. Conditions of Sale, Payment Terms and Returns.
To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age. Prior to the purchase of any goods or services on our Site, you must provide PayPay with the information they require to process your payment. All sales of products and services are final. All charges from those sales are non-refundable. Due to the nature and form of the Patterns, you do not have the right to return the Patterns after purchase. It is your responsibility to ensure your computer will run the necessary programs to open and print the patterns. Pattern files should be downloaded within 30 days of purchase. After 30 days a download fee may be charged.
These terms and conditions do not affect your statutory rights as a consumer.
3. Web site Content; Copyright Notice.
All media (downloaded or samples), software, text, images, graphics, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, is owned or licensed by or to Pinbroidery, and is protected by copyright, trademark laws, and various other intellectual property rights laws.
4. Registration; Customer Accounts.
To make a purchase from the Site you must first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify Pinbroidery immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by PinBroidery or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You agree to provide us with accurate, current and complete information about yourself as prompted by the registration process. You may update any of your Account information by clicking on the Account button and selecting the appropriate link.
You also agree that Pinbroidery may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (a) failure to pay for purchases, (b) suspected or actual copyright infringement. You agree that Pinbroidery will not be liable to you or to any third party for termination of your access to the Site.
5. Methods of Payment, Credit Card Terms and Taxes.
Pinbroidery uses PayPal to complete the payment. Pinbroidery is under no circumstances responsible for any mistakes that might happen by PayPal, or the Credit Card companies that work with them or any damage you might suffer as a consequence.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
If we refund a payment, our payment processor will retain the fixed fee portion of the transaction fee. If the refund is due to your error we will deduct the fixed fee from the refund.
6. Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. PinBroidery reserves the right at any time after receipt of your order to accept or decline your order for any reason. Pinbroidery further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Pinbroidery upon our delivery of products or services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. We may require additional verifications or information before accepting any order.
You agree to indemnify and hold harmless Pinbroidery from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of these Terms and Conditions.
8. Policy to Terminate Privileges for Copyright Infringement.
Pinbroidery will terminate the account of any customer who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defence or fair use privilege to do so. PinBroidery may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. Pinbroidery respects the intellectual property of others and we ask others to do the same.
9. Handling Complaints
We will acknowledge the complaint within three working days and provide a likely timescale for resolving the dispute and keep the consumer informed about progress. None of the above processes affects the right of the consumer to take the matter to the Courts or any other complaints resolution body.
10. Right to change
Pinbroidery reserves the right, at its sole discretion, to change, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
No delay or failure to take action under these Terms and Conditions shall constitute any waiver by Pinbroidery of any provision of these Terms and Conditions. If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible and the remaining provisions of these Terms and Conditions will continue in full force and effect. Pinbroidery is located in England. English law applies to all orders, transactions and any other activities partaken on or relating to this Site.
If you have any questions about our terms and conditions, our privacy statement, the practices of this site, or your dealings with this web site, you can contact the owner Linda Jefferson in the following ways:
You can use e-mail email@example.com.
Telephone 01727 769733.
International telephone: +44 1727 769733.
The telephone is usually manned from Monday to Friday from 10.00 a.m. to 12.00 a.m. and 2.00 p.m. to 4.00 p.m. (British time).
Postal address for sales and customer service:
PinBroidery Stitching Cards, PO Box 795, St. Albans, AL2 2ZQ, UK.
Postal address for contractual enquiries:
PinBroidery Stitching Cards, Legal Department, Sutilis House, 13 Ringway Road, St. Albans, AL2 2RE, UK.
Last modified: 9 May 2011