Terms and Conditions for Use of Our Website
The material on this site is protected by copyright throughout the world and is owned by Pawprint Trading Limited or its licensors.
If you intend to buy any of our goods from us or to use any of our materials, you may do so subject to the terms of the Licence that appears at clause 6 in our Terms and Conditions for the Sale of Goods and Licence of Our Materials.
You may not commercialise or otherwise copy anything on our website without our permission other than in accordance with the licence terms.
If you choose to interact with us through the use of the website, then please refer to our Privacy Policy which you will find at https://pawprintfamily.com/privacy-policy/.
Although we hope our website will be of interest to you, we cannot accept liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law. All use of our website is subject to English law and jurisdiction and is subject to our Terms and Conditions for the Sale of Goods and Licence of Our Materials which you will find at https://pawprintfamily.com/terms-conditions/.
Terms and Conditions for the Sale of Goods and Licence of Our Materials
We at Pawprint Family were established to provide educational and recreational support and assistance to benefit members of voluntary or non-profit making organisations, educational establishments, childminders, children’s nurseries, playgroups or providers of day care for children and families. Although we do sell some of our products, we also provide a lot of resources for free. We do not intend that our resources are used by anyone else for commercial gain so we ask you to respect what we are trying to achieve.
If you are unsure about what can or cannot be done with the resources that we make available, then do please get in touch with us for a discussion.
1. The Contract Between Us
- Any reference to goods means any products on our website. Any reference to materials shall include all the items displayed (including images of any goods) on the website from time to time, the materials that are designed for downloading and reproducing including by printing and all images, photographs, text, information and intellectual property of any description that appears on our website.
- These Terms and Conditions shall apply to all orders for the purchase of goods or materials by the customer (‘you’ and ‘your’) from Pawprint Family (‘our’, ’we’ and ‘us’).
- For the purposes of these Terms and Conditions a ‘commercial business entity’ is a commercial enterprise that is not an Excepted Business (as defined at 4 below) formed by one or more parties with a view to making a profit which may lawfully be distributed to those parties.
- An ‘Excepted Business’ is a charitable body or a business which acquire our goods and / or materials, the use of which is ancillary to the main purpose of the business or the body and the following shall be deemed to be Excepted Businesses unless clause 5 applies:
- Community Interest Companies;
- voluntary or non-profit making organisations;
- educational establishments;
- childminders;
- children’s nurseries, playgroups or providers of day care for children;
- Any business or other body shall not be an Exempted Business or shall cease to be an Exempted Business if it exploits our goods and / or materials in a manner which we reasonably believe is or may be detrimental to the aims of Pawprint Family or to our business.
- We do not intend to sell to commercial business entities which are not Excepted Businesses or to allow such entities to exploit any of our goods or materials for their own commercial purposes. For that reason, when you make an order for any of our goods, or when you download any of our materials from the website, you are warranting to us that:
- you are an Exempted Business;
- at the time of your order you do not intend to resell our goods and / or materials to other parties for your own financial gain or for the purposes of the commercial interests of any commercial business entity;
- you are not purchasing our goods and / or materials for or on behalf of a commercial business entity;
- you are not downloading any materials from the website for or on behalf of a commercial business entity or use by such an entity,
- and if any of these warranties are not true at the relevant time then you may not use (for any purpose) or exploit any of our goods or materials.
- In order to make any contract with us or in order to use any of our materials, we ask that you accept the terms of the Licence at clause 6 below.
- We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2. Price
- The prices payable for goods that you order are as set out in our website.
- You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
3. Right For You to Cancel Your Contract
- The right to cancel a contract under this clause 3 does not apply to any person who is ordering goods on behalf of any commercial business entity.
- You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
- To cancel your contract you must notify us in writing or by using our contact form on our website.
- If you have received the goods before you cancel your contract, then you must send the goods back to us in accordance with our returns/refunds policy on our website.
- If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us in accordance with our returns/refunds policy on our website.
- Any refunds will be processed in accordance with our returns/refunds policy on our website.
4. Cancellation by Us
- We reserve the right to cancel the contract between us if:
- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
- If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of Goods to You
- We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
- Delivery will be in accordance with our delivery policy on our website.
- You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.
6. Licence of our Goods and Materials
- On our website you will see a range of our goods displayed together with a lot of other resources. Although we do sell goods, we also make a lot of our materials freely available for download from our website. We at Pawprint have created all of the intellectual property in these materials, whether it is the designs or artistic work that appears on our goods or in the free resources. You may use our intellectual property in these materials if you accept the terms of this clause 6 (the ‘Licence’).
- The Licence will apply whether you buy any of our goods or not as you must accept the terms of this Licence in order to make a contract with us or in order to use any of our goods or download any of our materials. The terms of this Licence will also apply in respect of the visual representations of our goods and other materials that appear on our website from time to time.
- Subject to paragraph 4 below, you may use our intellectual property if:
- you do not sell it to other parties for your own personal financial gain (here meaning any monies received) or pass it on to or make it available to any other party for the purposes of that party’s commercial gain;
- you do not alter any of our works by incorporating them or any part of them into another work or create or cause to be created any other copyright work using material derived from any of our material;
- you do not remove or render invisible any references to us from any work or remove any of our logos or trade names which appear on any of the works;
- you do not participate in or permit any other person to use the free material for the benefit of any commercial business entity;
- you do not use the material in circumstances where you know or ought to have known that you have acquired the material from a person or body that has breached any terms of this Licence.
- You will not be in breach of any of the provisions of paragraph 3 of this clause if you carry on any business providing education to children or young adults, or providing childcare and if you have obtained our goods and materials for any use in that business and do use them:
- in activities which are ancillary to the main purpose of your business; and
- you do not to re-sell our goods and materials for profit.
- Subject to the below paragraph 6 of this clause, this Licence is a non-exclusive unlimited worldwide licence to reproduce in any form of visual display of our materials without restriction by creating printed copies of it or by copying the electronic file or displaying images of it through any medium but in every case you may only do these things if, by doing so, you are furthering the interests of any organisation that is not a commercial business entity.
- This Licence will terminate automatically in the event that you have breached any of the conditions of the Licence and, without affecting any other of our legal rights, we shall be entitled to require you to deliver up or destroy any and all materials in respect of which there has been an infringement of this licence.
7. Liability
- If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 of the delivery of the goods in question.
- If you do not receive the goods ordered in accordance with our delivery policy, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
- If you notify a problem to us under clauses 6.1 or 6.2 above, our only obligation will be, at your option:
- to make good any shortage or non-delivery;
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question in whatever way we choose.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.3.3 above.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Unit 5, The Portal, Elmhurst Business Park, Lichfield, WS13 8EX and all notices from us to you will be displayed on our website from time to time.
9. Events Beyond Our Control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident affecting the ability of our staff to fulfil the contract terms or any circumstances brought about by government order, advice or legislation resulting from any epidemic or pandemic.
10. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy which is on our website.
12. Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14. Entire Agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.