Terms & Conditions

Updated 28/8/2021

Terms of service: an agreement between you and Presst - Print & Clothing to enter and use this website and services

Our Products

The images of the products on our website are for illustrative purposes only, and some may be computer generated. Although we have made every effort to display the colours accurately, we cannot guarantee that your computers display will accurately reflect the colour of the products. Your products (and any images that you upload or send to us for printing onto products) may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website may vary from the specification set out in the order. The packaging of the products may vary from that shown on images on our website. A large number of products sold by Presst are personalised or made to order and are not held in stock, or at least not in a finished state. In this instance, full payment for the goods will be taken in advance as the products are bespoke in nature.

Clothing

When trying on any products which are clothing, please ensure that you are not wearing perfume / aftershave or a deodorant which may leave a scent or marks on the Product. We will be unable to accept the return of any Product where there is evidence that these instructions have not been followed. The Product should be returned with its original packaging.

Use of our Website

These Terms, together with our Privacy Policy, govern your use of the Website. Please take the time to read them both, as they include important terms which apply to you. You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

Registration

To register with the website you must be over 18 years of age. Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these terms. We only use your personal information in accordance with our Privacy Policy.

Ordering from us

When placing an order through our website, the webpages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. You are deemed to place an order with us by ordering any of the products which we sell by following the steps on our webpages and entering your payment details. We will then send you an email acknowledging that we have received your order, which details the products you have ordered. However, please note that this does not mean that your order has been accepted by us. Our acceptance of an order takes place when we send you an email confirming that the products have been shipped (Shipping Confirmation). The contract between us will only be formed when we send you the shipping confirmation, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. By placing an order you confirm that all details you provide for the purpose of ordering or purchasing goods are correct, that the credit or debit card or PayPal account you are using is your own and that there are sufficient funds to cover the costs of the products you are purchasing. Payments via all major credit and debit cards are taken online via PayPal and Stripe. To ensure that your credit or debit card or PayPal account is not being used without your consent, we will validate name, address and other personal information, supplied by you during or after the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. If for any reason your credit card details are incorrect or there is not enough money in your account or for any other reason the order cannot be processed, Presst reserve the right to cancel your order. All information provided by you will be treated securely and strictly in accordance with the General Data Protection Regulation. If there are any changes to the details supplied by you, it is your responsibility to inform Presst as soon as possible. If we are unable to accept your order, for example because a product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our website (as referred to in clause 15), we will inform you of this by email and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible. For the avoidance of doubt, if there are two or more products in your order and one or more of those products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no products are delivered to you at all. We may refuse to accept an order: where products are not available; where we cannot obtain authorisation for your payment; if there has been a pricing or product description error; if we cannot meet your requested delivery date; if you do not meet any eligibility criteria set out in these terms; if the order is to be delivered outside of the United Kingdom; if your order for products which we have personalised or customised for you (personalised products) contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy. We reserve the right to apply our logo to all of our personalised products.

Our right to make changes to these Terms

We may amend these Terms at any time by updating this webpage. Please look at the top of this webpage to see when these Terms were last updated. Every time you place an order with us, the terms on our website at the time of your order will apply to the contract between you and us.

Changing or cancelling an order for personalised products

It is vitally important that when you place your order, you check that all details, including images, dates, spelling, punctuation and grammar are correct, as we copy exactly what we are sent for item personalisation. Details of your personalisation are also included on your order confirmation and invoice. If you have noticed an error after you have placed an order we request you let us know within two hours via email to info@presst.co.uk and providing the item has not already been sent for production we can look to make the required alterations. Your order is put into production two hours after it is received by us. After this period we will be unable to process any changes or refund the order. To cancel an order for a personalised product, please contact us within the time periods specified above. You will not be entitled to a refund in respect of any personalised products which contain a misspelling or incorrect image that you are responsible for and which you fail to amend. Please see our Returns Policy for further information.

Your consumer right of return and refund

Consumers have a legal right to cancel a contract during the period detailed below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund. However, this cancellation right does not apply in some cases, for example in the case of any personalised products that have been sent for production. Your legal right to cancel a contract starts from the date the contract between us is formed. You will have a 14 day period of time to cancel your contract with us. To cancel a contract, you must contact us via email on info@presst.co.uk and let us know (before any personalised products have gone into production – see above) that you have decided to cancel. For further information please refer to our Returns Policy. Because you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these terms. Our right to cancel We reserve the right to cancel any order at any time and issue a full refund.

Delivery

We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work. If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received. If no one is available at the delivery address given to accept the delivery, one of our carriers will leave you a card that the Products have been returned to our premises or the premises of any carrier which we use, in which case, please follow the instructions on the card to rearrange delivery. Please note that if you do not rearrange delivery, the Products will be returned to our premises. Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process or to any other location nominated by you. The risk and responsibility in the Products will sit with you from that time. You own the Products once we have received payment in full (including all applicable delivery charges) and the delivery of the Products is completed. Our normal working hours are Monday to Friday 9.00am-5.30pm and we only dispatch orders during these timescales. All delivery and dispatch timescales quoted on the website do not include weekends or public holidays. However, please be aware that these working hours do not apply to production. We may still produce items outside of these hours and on weekends and on public holidays. Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.

Our liability in relation to delivery

Provided that we take the steps outlined in this clause, we will not be liable for out of pocket expenses or other costs incurred due to failed or delayed deliveries. If there is a substantial risk of delay, you may contact us to end the Contract and receive a refund for any products you have paid for but not received. If the Products you have ordered do not arrive within 30 days of placing the order we accept no liability, so far as permitted by law, unless you have contacted us via email within this period. No international delivery We do not deliver to addresses outside of the UK. For further information please refer to our Delivery Policy.

Price of Products

All prices on our website are in UK pounds (£). The price of the products will be the price indicated on the order webpages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct. Our website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

Discounts

If a discount was applied to your original order, any amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.

Licence

You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from us. Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms, any use of extracts from this website other than in accordance with the above is prohibited. If you breach any of these terms, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these Terms are reserved.

Service access

While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Presst does not make any warranty that the web site is free from infection by viruses or anything else that has contaminating or destructive properties.

Your material and conduct

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. In using the image or text upload facility on the website, you agree not to upload or print any images or text that will cause distress or offence to any person or which contains material as set out as below. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image. We reserve the right to refuse to process any order that may cause offence or distress to others and in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer. We will not be responsible or liable to you for any loss of material uploaded or transmitted through our Website. You are prohibited from posting or transmitting to or from this Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy; for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.

Links to and from other websites

Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

Disclaimer

While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material. The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms might have effect in relation to this website.

Events Outside Our Control

We will not be liable or responsible for the failure to perform or delay in performance of any of our obligations under a contract that is caused by an Event Outside Our Control An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (other than you or your affiliates), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an Event Outside Our Control takes place that affects the performance of our obligations under a contract: we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days.

Our liability

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract. Nothing in these Terms shall exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these terms by you, or your use of this website, or the use by any other person using your registration details.

Governing law and jurisdiction

These terms are governed by English law. This means a contract for the purchase of products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. We do not warrant that products on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.


Welcome to the Presst - Print & Clothing website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1 Presst - Print & Clothing Services:

  • Create, design, customize products that are listed for sale.
  • Buy products that are listed for sale
  • Save and share designs that your may have created.
  • Use our fun picture and design tools.
  • Save created images and designs into public and personal galleries.
  • Post your created images to social networks or bloggs that you have the legal right to do so
  • Registering to subscribe to special offers and use of galleries.


2 Using our Presst - Print & Clothing Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.


2.1 ELIGIBILITY CHILDREN UNDER 18.
Presst - Print & Clothing will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.

2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:

 

  • Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
  • A person means any form of legal entity as well as any quasi-legal entity.
  • A User means any person using the website and/or services provided by Piki Print
  • A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
  • The word includes in any form is not a word of limitation.

3 User's Obligations

3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:

all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;

  1. the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
  2. complying with all laws, regulations and rules in the uses country or jurisdiction;
  3. complying with any recommendations or guidelines issued by Presst - Print & Clothing with respect to the use of the Website and/or services and
  4. ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

3.2 Restrictions on Users
Users shall not and has no right to either:

  1. reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
  2. use either the Website to supply any service to any person; or
  3. modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
  4. access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
    1. infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
    2. is libellous, defamatory or slanderous,
    3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
    4. contains explicit sexual content,
    5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
    6. is designed to or does harass, threaten, defame or abuse others,
    7. exploits images or the likeness of minors,
    8. encourages the use of drugs or the under-age use of alcohol or cigarettes, or
    9. is generally offensive or in bad taste;
  5. use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
  6. use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWARE® Platform,
  7. take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
  8. use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
  9. collect electronic mail addresses or other information from our Website,
  10. impersonate another person or entity,
  11. engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
  12. assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
  13. frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.


USER ACKNOWLEDGES AND AGREES THAT Presst - Print & Clothing MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. Presst - Print & Clothing Obligations

4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, Presst - Print & Clothing shall allow user to access and use the Website and the services .

4.2 Privacy: Presst - Print & Clothing may collect personal data concerning the user in the course of and incidental to users use of the Website and services. Presst - Print & Clothing shall comply with, and user hereby consents irrevocably and unconditionally to Presst - Print & Clothings collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).

4.3 Training
User acknowledges that Presst - Print & Clothing has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

4.4 Modification of the Website.
Presst - Print & Clothing reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Presst - Print & Clothing shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.


5. Intellectual Property Rights

5.1 Reservation of title
user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. Presst - Print & Clothing grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by Presst - Print & Clothing; to compete with Piki Print; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, Presst - Print & Clothing may revoke the licence and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that Presst - Print & Clothing does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Presst - Print & Clothing an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.


6. Registration

User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Presst - Print & Clothing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Presst - Print & Clothing cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. Warranties

7.1 Users warranties
User represents and warrants to Presst - Print & Clothing that, in its use of the Website and the Services provided, it:

  1. will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
  2. will comply with all applicable laws, rules, and regulations.
  3. User further represents and warrants to Presst - Print & Clothing that:
  4. there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
  5. Presst - Print & Clothing will not be required to make any payments or compensation to any person in connection with its use of such content; and
  6. such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.


7.2 Presst - Print & Clothings warranties
Presst - Print & Clothing represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

7.3 Caveats

  • Presst - Print & Clothing provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by Presst - Print & Clothing that the functionality or operation of the Website and/or the services will:
    1. be uninterrupted or free of errors and inaccuracies;
    2. meet users requirements; or
    3. operate in the configuration or with the hardware or software used by user.
  • User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
  • Presst - Print & Clothing does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Presst - Print & Clothing is not liable.
  • Presst - Print & Clothing does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.


7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Presst - Print & Clothing, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance
(a) User acknowledges that neither Presst - Print & Clothing nor any person acting on Piki Prints behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of Presst - Print & Clothing, except for representations or inducements expressly set out in these Terms of Use.


8. Exclusion and Limitation of Liability

8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall Presst - Print & Clothing be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

  1. any third party;
  2. actions of user that were not expressly authorised by Presst - Print & Clothing;
  3. accident, misuse or abuse by anyone other than Presst - Print & Clothing;
  4. alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Presst - Print & Clothing;
  5. products (including any hardware or software) or services not licensed or supplied by Presst - Print & Clothing;
  6. power surge or failure,
  7. events of force majeure or events outside Presst - Print & Clothings actual control; or
  8. any other condition not arising under normal operating conditions;


(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Presst - Print & Clothing has been advised of the possibility of any particular loss or damage.

8.3 Links
Presst - Print & Clothing may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Presst - Print & Clothing is not responsible for the operation of or content located on any such website, and Presst - Print & Clothing cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Presst - Print & Clothing for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Presst - Print & Clothing's sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

8.5 Indemnity User shall indemnify and hereby releases unconditionally Presst - Print & Clothing , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.


9. Termination

9.1 Termination
(a) At any time and with or without cause, Presst - Print & Clothing may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by Presst - Print & Clothing. In no event shall any such termination or suspension by Presst - Print & Clothing relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.2 Effect of termination
(a) On any expiry or termination of these Terms of Use, Presst - Print & Clothing may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and Presst - Print & Clothing shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.


10. General

10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation
Presst - Print & Clothing may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the Presst - Print & Clothing services.

10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment
(a) Presst - Print & Clothing may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Delaware, United States of America (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.

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