TERMS OF SERVICE

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OVERVIEW

This website is operated by Frame Cafe retail. Throughout the site, the terms “we”, “us” and “our” refer to Frame cafe. Frame cafe retail offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

1We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 – COPYRIGHT

It is the responsibility of all users to ensure that all materials presented for printing are free from any third party claims for breach of copyright or license and as such Frame Cafe accepts no responsibility for the copyright or licensing issues of files submitted and users indemnify Frame Cafe against any claim.

Images submitted which breach our terms and conditions.

Customers are not permitted to request that Frame Cafe print images containing or relating to the following:

• Racist material
• Material that is likely to incite hatred against any person or group
• Defamatory or otherwise actionable material
• Material that is libelous in nature
• Material that is deemed to be pornographic
• Images of any criminal act
• Material, the use or inclusion of which infringes any copyright, trademark, or other intellectual property right of a third party, or
• Material which breaches any applicable laws or legislation

We reserve the right at our sole discretion to refuse to execute print orders, which breach our terms and conditions without notice. Where appropriate we may also to contact law enforcement agents or authorities should we receive images which breach any applicable laws and may supply such content to authorities and divulge otherwise private information to the authorities, including details stored within user accounts.

We may also reserve the right to refuse further service pertaining to any person or persons who has knowingly or unknowingly breached any of the terms and conditions of the website.

SECTION 7 – USE OF PRODUCTS RIGHTS & RESTRICTIONS

We are authorised to produce, distribute and sell prints and other products. The Company and the appropriate copyright holders retain all rights, title and interest in and to this Site, the Service and the Products including all design, text, images, photographs, still pictures, illustrations, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein, together with the selection, sequence, “look and feel” and arrangements of this Site.
This Site, the Service and the Products are protected by intellectual property laws and your use is subject to the following conditions:

• You may only use this Site, the Service and the Products for your own personal use and not for any business-related purposes;
• you may not and may not allow others to sell, transfer, distribute, reproduce, modify, alter or create derivative works from this Site, the Service, the Products or any part thereof; and
• you may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter this Site.

You are responsible for all use made of the Products you purchase and we will not be responsible for any infringement of third party rights which arise as a result of your use of the Products.

The trademarks, service marks, graphics and logos used in connection with this Site and/or the Service are trademarks or registered trademarks of the Company or its licensors. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or you believe that any other claim or illegal activity has arisen in respect of the materials published or accessed via this Site, then you should contact us at customercare@printsoncanvas.com and provide to us, in writing, the following information:

details of your alleged claim; where applicable, a description of the copyrighted work that is claimed to have been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location where the potentially infringing or offending material is located; your (or the copyright owner’s) address, telephone number, and email address; and any other information and/or assistance as may be reasonably required by us.

SECTION 8 – UPLOADING FILES

Digital images may be uploaded to the website in jpeg format only and may not exceed 30mb in size.

Whilst users images are stored after printing we accept no liability for their loss and as such you are advised to maintain suitable back-ups of all materials and files.

SECTION 9 – PRINTING AND COLOUR ACCURACY 

We maintain all printing equipment at optimum specifications and while every effort will be made, exact colour matching cannot be guaranteed. Due to the imprecise nature of colour management some colours may not appear accurately on different monitors or devices.

In this instance we cannot be held responsible for differences in tone, contrast, or any other aspect of an image supplied which differs from its appearance on screen. The colour management process is designed to minimize and not eliminate tolerances in the reproduction of colour prints.

SECTION 10 – PRICES & PAYMENT

All rates, prices and discounts quoted or published at frame cafe.ie are subject to variation at any time prior to acceptance your order. All prices quoted include VAT. VAT applies to all transactions for goods or services at the current applicable rate at the time of purchase.

All of our orders are “Made to Order” and therefore all goods are sold on a non-cancellation basis once delivered.
Prices include delivery, unless otherwise stated on the Site.

Payment is required upon receipt of invoice at checkout. Goods remain the property of Frame Cafe until the order is paid in full.

Payments must be made by credit or debit card (please see the relevant part of the Site for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card you tendered all amounts payable by you to us based on the products you order.You may be subject to validation checks and/or third party authorisations depending on your method of payment.

SECTION 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 12 – DELIVERY

The company aims to deliver your products within 10 working days after placing your order. If we cannot deliver the products within 30 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the products however caused. All deliveries must be signed for (please ensure that the Products delivered match the driver’s paperwork and that the Products are undamaged) and you should keep your delivery note and packaging. You are required to notify customer services at customercare@printsoncanvas.com within 24hrs if products are missing or damaged on delivery.Risk in the Products shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Products purchased from this Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner.

All Products are custom-made (“Bespoke Orders”) to your specifications and personalised to your requirements, and you cannot cancel your order except as set out in the next paragraph.
For Bespoke Orders, you may cancel your order at any stage before, and up to 24hrs after you have placed your order with us, provided we have not dispatched the relevant Products to you. To do this you must notify us  by sending an email to customercare@printsoncanvas.com.

Where you cancel an order in accordance with the above we will (at your request) either exchange the Products or refund the amount you have paid. Refunds will be credited to the payment method used to make the original purchase.
Until you return the Products to us you are responsible for their safekeeping and taking reasonable care of them. It is your responsibility to package the Products adequately and safely, as we do not accept liability for packages damaged during transit back to us.

SECTION 14 – CANCELLATION BY US

We reserve the right to cancel any order (or any part of the order) if for any reason the Products ordered by you are no longer available;
Where the Products are withdrawn from our Service by the authorised licensees or the copyright owners; or the Products cannot be supplied to you in the country where you reside;
in which event we will notify you by email and refund any payments you have made for that order or that part of the order.
We endeavour to make sure that all prices advertised on the Site are correct, However, if we discover that the Products you have ordered were listed at an incorrect price we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or cancelling it; if you choose to cancel your order we will refund any payments made.
We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
We may terminate or suspend your use of and registration on this Site at any time if you breach any of these terms and conditions or for your inappropriate or unlawful behaviour, without any liability or further obligation of any kind whatsoever to you or any other party.We reserve the right to modify, suspend or discontinue this Site, the Service or any Products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.You agree to indemnify us and hold us harmless from any and all third party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this Site, the Service or any Products.

SECTION 15 – RETURN POLICY & DAMAGE

In the event that your print is damaged in any way upon receipt, please contact us as soon as possible. We cannot be held responsible for any damage to, discrepancies in or shortages of delivered materials unless notified within 48 hours of receipt.Any claims for damages must be supported by photographic evidence and we reserve the right and may request the return of the damaged article, which we will arrange the collection of. Claims of this nature will be limited to the cost of the order as charged by Frame Cafe. No actions will be taken by Frame Cafe without photographic proof or the receipt of the damaged item.Any items returned to Frame Cafe will be destroyed after investigation.
If you are eligible for a refund, we will reimburse the price you have paid for the goods by means of your original payment method. Alternatively we may offer to reprint and resend the item free of charge. Please note in this instance replacements will be sent using UPS, FEDEX  or our courier where appropriate.
Please note it is not our policy to offer both a refund and a reprint.

SECTION 16 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation

(1) to maintain any comments in confidence;

(2) to pay compensation for any comments;

(3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 17 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 18 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 19 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; 

(b) to solicit others to perform or participate in any unlawful acts; 

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

(h) to collect or track the personal information of others; 

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; 

(j) for any obscene or immoral purpose; or 

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 20 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Frame cafe retail, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 21 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Frame cafe retail and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 22 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 24 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 25 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.

SECTION 26 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customercare@printsoncanvas.com