Terms of service
Terms of Agreement
Welcome to The Calling Card. When you use our website to place an order with us, these Terms and Conditions of Business will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of Business before using this website.
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Definitions
"Seller" means The Calling Card "Buyer" means the person whose name is printed on the Order. "Goods" means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business. "Order" means the Buyer's order for Goods or services. "Price" means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable. "Person" means any person, firm or company. "Special Conditions" any conditions in relation to Orders set out and designated as such in the Order Confirmation. "Terms and Conditions of Business" means the standard terms and conditions of business set out in this document.
Basis of Sale
These Terms and Conditions of Business and any Special Conditions contains all the terms and conditions pursuant to which Seller will provide the Goods and any services. The parties expressly exclude any terms and conditions which the Buyer includes in any purchase order, confirmation of order or other document. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorized representatives of the Seller and the Buyer. The Seller's employees are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
Orders and Specifications
All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation. Goods supplied may differ as a consequence of multi-standard color systems, notably the international screen-based color system of RGB and the print color system used in the production process. The Seller aims to display and describe as accurately as possible the Goods which appear on its website, but cannot undertake to give any assurance that the colors of Goods supplied will exactly match those displayed on the Buyer's monitor.
Price, Payment, and Currencies
The Buyer shall be responsible for all applicable taxes, including taxes applicable in the territory to which the Goods are sent. Payment must be made by credit card or debit card at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller's credit card, and debit card details before accepting the Buyer's Order.
Delivery
The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage. The Seller will process the Order and manufacture the Goods within the time period stated for each item. However, because manufacturing time varies by item of Goods, the Seller reserves the right to combine items into one shipping package or to ship items separately. Each package will be sent separately by regular post unless otherwise stated in the Order Confirmation. Any dates quoted for delivery of the Goods are estimates only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods however caused. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
Risk and Property
Risk of damage or loss of the Goods will pass to the Buyer upon delivery to our chosen carrier. Property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing, or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
Returns, Refunds, and Rights of Cancellation
The Buyer shall have the right to cancel any Order for Goods only in the following circumstances: if the Seller has failed to deliver the goods ordered within 28 days after the date of the Order; in the case of defective Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt). Notice of the wish to cancel must be made by email to the email address shown below.
Limitation of Liability
The Seller will not be liable for short delivery or defective Goods unless a claim is notified to the Seller in writing within 7 working days from delivery where the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser's customers; inventory or use charges; or incidental or consequential damages of any nature. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of thecallingcardnola.com website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer's information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
Intellectual Property
a. This website is owned and operated by the Seller. Unless otherwise noted in this website, Seller owns the copyright with respect to all content on the website. Content includes text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Seller' s copyright.
b. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of Seller or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
c. The Sellers logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller. Sellers trademarks and trade dress may not be used in connection with any product or service that is not Seller’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Seller. All other trademarks not owned by Seller that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Seller.