GENERAL TERMS & CONDITIONS OF SALE

The www.asprostudios.co.uk website (hereinafter referred to as the “Website”) is published by the trading division 'Aspro Studios' of Sock Monthly Ltd (hereinafter referred to as the "Company"; having its registered office at 86-90 Paul Street, London, EC2A 4NE, registered in the United Kingdom under company number 14642486

The General Terms and Conditions of Sale set forth below govern contractual relations between any user of the Website (hereafter referred to as the "User"), and the Company and the products the Company sells on the Website (hereafter referred to as the "Products").

These General Terms and Conditions of Sale are applicable to the User’s use of the Website and purchase of the Products (personalised or non-personalised) and replace all other conditions, except as agreed otherwise beforehand, expressly and in writing except that nothing in these General Terms and Conditions shall limit or exclude the User’s legal rights.

Please note, we reserve the right to amend these terms from time to time. Such modifications are binding as soon as they come on line and cannot apply to agreements entered into earlier. Each use of a Product or service on the Website is governed by the general terms and conditions applicable on the date of use. By accessing the Website, the User undertakes to comply with its General Terms and Conditions.

1 – Exclusivity of terms

These General Terms and Conditions of Sale apply to any sale made on the Website. The User declares that they accept them without reservation or restriction, and no sale may be carried out without the acceptance by the User of these General Terms and Conditions of Sale. It is also agreed that, subject to the User’s legal rights, the Company cannot be bound by any declaration or indication not contained on the Website.

Lastly, subject to the User’s legal rights, these General Terms and Conditions of Sale are to the exclusion of all other terms and conditions (including any terms and conditions which the User purports to apply under any offer, acknowledgement or any other document issued by the User).

2 – Products Shown & Prices

We endeavour to ensure that every Product on the Website is shown accurately, however, occasionally there may be small variations in colour, typefaces and layout.

The prices displayed on the website are subject to change and we reserve the right to change these at any time.

Prices shown on the website are in GBP British Pounds Sterling. The price of the Product does not include the delivery charge. You are advised of delivery charges at checkout, for more information on delivery please see Section 5.

The Company does not cover, and will not ever be responsible for, the payment of any additional customs or import charges, duties or taxes incurred when the parcel reaches the destination country.

3 – Acceptance of the order

The “Validation of the Order”, at the “Order Summary” stage on the Website, constitutes full and unreserved offer to purchase the Products subject to these General Terms and Conditions of Sale. No order can be accepted without the express agreement to these General Terms and Conditions.

4 – Payment and Charges

Currently we only accept payment through Stripe which covers: VISA & Mastercard debit and credit cards, AMEX, Maestro, Shop Pay, Apple Pay and Google Pay.

The total charges for the Products and delivery are listed on the checkout page and on the Order. Orders will not be shipped until payment is made in full.

5 – Delivery and Delivery time

The Products sold by us are designed and printed in our studio based in the United Kingdom and are shipped directly from this location.

The Products ordered are delivered to the address entered on the Website by the User. It is up to the User to ensure that the address is correct and the Company cannot be held responsible in the event of an incorrect delivery address. If the delivery cannot be made, re-dispatch costs will be charged by the Company to the User, once the User has corrected the address.

Delivery charges can be found in our Shipping & Returns section of the Website.

The delivery conditions are fixed by the terms and conditions of Royal Mail. Subject to the User’s legal rights, the Company cannot be held responsible in the event of any non-compliance with delivery times or any loss or damage incurred and noticed upon receipt of the order.

The delivery prices that will be applied to the order depend on the type of delivery chosen by the User as well as the address indicated by the User. The delivery price listed does not include any customs taxes for deliveries outside of the United Kingdom, which must be paid by the User, who must also take responsibility for any declarative obligations necessary.

Upon receipt of the order, the User must check the conformity of the order received with the invoice included in the package and with the order that was placed using the Website.

The Company does not cover, and will not ever be responsible for, the payment of any additional overseas customs or import charges, duties or taxes incurred when the parcel reaches the destination country.

6 – Refund & Returns Policy

If, upon receiving your Product(s), they are damaged or the printing is faulty, you may request a refund or reprint in accordance with our Terms & Conditions. We will not refund you if the Product(s) are in a good condition but the content is wrong due to a mistake made when ordering.

You can request a refund or reprint in the case of printing faults or damage on your order within 28 days of the date of receipt of the item(s). Please email sales@asprostudios.co.uk with your order number, a description and clear photograph of the damaged goods and we will consider if you are eligible for a refund or reprint. We do not take responsibility for customer generated mistakes.

If you choose to receive a refund, we will refund you the total amount you paid for the Product(s) plus any delivery charges you may have paid, within 28 days of the day on which you provide us with evidence that the Product(s) are faulty. Refunds will be sent to the same payment method used to place the original order.

If you choose to have your Product(s) reprinted, we will do so free of charge and resend to you at no extra cost.

Please note, it is not our policy to offer both a refund and a reprint.

If you choose to return a non-personalised item, we will refund you the total amount you paid for the Product(s) plus any delivery charges you may have paid, within 28 days of receiving a return. Please refer to section 8 for further information.

Due to the personalised nature of some of our Products, we do not accept returns in the case that they are not damaged or faulty if they have been personalised.

The above returns policy refers to change of mind only and does not affect the statutory rights you have as a consumer e.g. the right to cancel, or the right to return items, which are faulty or not as described or a general right to return most online purchases under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

7 – Printing Quality & Processes

We endeavour to provide quality printed Products. However, the User expressly acknowledges and agrees that:

the colour rendition on the Website of the card and envelope Product colours is not contractual, including (without limitation) because the colours presented on a computer screen differ depending on the configuration of the computer and the quality of the screen image;
the rendition on the Website of the paper or card textures is not contractual for the same reasons; and
consequently, the Company’s liability cannot be sought due to a marginal variation between the Product as seen on the Website and the Product delivered to the User.
That due to a combination of the inks and the fact that the card/substrate is handmade and accepts inks in a non-standard manner, it is not possible to print accurate Pantone colours.

As our stationery is all handmade, slight variations in colour, alignment, texture, size and position is normal and does not constitute a fault. This does not give grounds to complaints and/or replacements and/or refunds.

8 – Seed Card and Germination

Seed card contains living seeds and the conditions in which is it planted it not the responsibility of the Company. The Company provides a guide on how to plant the products but many factors including but not limited to watering regime, soil condition, sunlight and ambient temperature play a part in seed cards’ growth. The Company cannot be held liable for failure of seed card germinating.

9 – Personalisation of Products

It is up to the User to ensure that all content in a personalised Product is correct, and (for example) is correctly spelt or irregularly formatted. We cannot edit or cancel an order for a personalised Product once it has been placed and a digital proof has been signed off, so please double-check your order on screen before confirming your purchase and signing off on digital proofs.

The Company is not responsible for any missing information, typing, spelling or other errors in the text you have supplied.

All proofs are digital and will be provided as colour PDF files in an email. However, it must be noted that the colour(s) will not be an exact match to the finished stationery because the colours presented on a computer screen differ depending on the configuration of the computer and the quality of the screen image;

10 – Intellectual Property

In this Article 10, the phrase “intellectual property rights” means patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information and any other intellectual property rights, in each case whether registered or unregistered and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

All drawings, illustrations, card models, announcement models, logos, photos, images, text, and similar materials other than that supplied by the User are the property of The Company. and all related rights (including all intellectual property rights) are expressly reserved by the Company.

The User therefore recognises that they must use the Products ordered on the Website only for their intended purpose.

Any use of the Company Materials otherwise than in accordance with these General Terms and Conditions of Sale (such as the reproduction, sale, dissemination and publishing of any Company Materials) is strictly prohibited and would constitute infringement leading potentially to enforcement action by the Company.

With the aim of protecting its card and announcement models, the Company reserves the right to print the words "Aspro Studios." on the back of the products delivered to the Users.

Any addition of the User's branding or otherwise in the making and printing of the products will be with the granted permission of the User.

11 – Obligations of the User

In the context of his registration on the Website and of an order, the User undertakes to:

Supply personal data that is accurate at the time of registration (name, address, contact details, e-mail address & payment details);
Take the greatest care to ensure lawfulness, respect public order and good moral standards as well as complete dignity and respect for the text and photos added to the personalisable card shop products;
Ensure the conformity of the text added, in particular the spelling of names, the contact details indicated, the event dates, etc…;
Ensure that the text added does not infringe any intellectual property rights of other persons in any way whatsoever;
Be the legal owner, or authorised licensee, of all the photos used, having made sure that all said photos are free of rights; and
Ensure that all the persons mentioned in the text added and present in the photos used have given their consent to the use and disclosure of their name and their image.

The User must only use the Website and the customisable Products the User has bought in accordance with the rights and obligations in these General Terms and Conditions of Sale. In particular, a breach by the User of an obligation may result in a claim for damages against the Company by a third party. If this happens, the User agrees to compensate the Company for any claim and/or damages (including reasonably incurred legal fees in relation to such claim or damage) made by a third party to the extent the claim and/or damages arise from any breach by the User of these General Terms and Conditions of Sale or the rights of a third party.

12 – Obligations of the Company

The Company warrants that it shall enable the User, as far as possible, to access the Website as well as the Products and services. However, as new technology is involved, the Company does not offer any guarantee in terms of its correct functioning. This obligation to supply the Products and services is limited to a reasonable effort warranty. In the event of breakdown, overloading or poor functioning of the Website, or in the event of the use of the Website by a User or third party who disrupts the smooth running of the Website, the Company reserves the right to interrupt or limit the use of the Website.

The Company also warrants that it shall use all reasonable endeavours to maintain the confidentiality of the data transmitted by the User. However, as the transmission of information via the internet is not completely secure, the Company does not offer any guarantee in terms of the confidentiality of the data transmitted by the User.

Limitation of Liability

Liability which cannot be limited or excluded: Nothing in these General Terms and Conditions of Sale shall limit or exclude either party’s liability for: (i) fraud or fraudulent misrepresentation; or (ii) any other liability which cannot be limited or excluded by applicable law (including, for example, the User’s right to receive Products which are: (a) as described and match information the Company has provided to the User; (b) of satisfactory quality; or (c) fit for a particular purpose which the User has made known to the Company).

Subject to clause A (above), the Company is on no account liable towards the User or third parties for the damages caused by the poor functioning of the Website, such as damages caused to the hardware used for the Website by the User, or damages and disturbances caused to the User or third parties following a loss or modification of private and confidential information, its disclosure to third parties, delays in its transmission or generally following any manipulation of the Website by the User or third parties.

Limit of liability. Subject to clauses A (above) and D (below), the Company’s aggregate liability in connection with all claims under and/or in connection with these General Terms and Conditions of Sale (whether in contract, tort (including negligence), statutory duty, or otherwise) shall not exceed aggregate price paid by the User under all orders to the Company in the twelve (12) calendar months prior to the event giving rise to the liability (less all amounts previously paid out).

Exclusion of other liability. The Company is only responsible to the User for foreseeable loss and damage caused by the Company and the ability of a User to recover amounts for such loss or damage is subject to the maximum amount set out in clause C (above). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the relevant accepted order was made, both the Company and the User knew it might happen, for example, if the User discussed it with the Company during the sales process.

To ensure the correct functioning of the Website, the Company stores the User’s text and photos on-line. No use of this text or photos, other than as requested by the User, may be made by the Company without the express authorisation of the latter.

Furthermore, the Company reserves the right to proceed at any time with the deletion of the text and photos added by the User, for technical reasons or for storage space reasons.

13 – Data protection

The Website has been declared to the Information Commissioner’s Office (the British data protection authority).

In accordance with the Data Protection Act 1998 (as may be amended and/or replaced) relating to data processing and privacy, the User is informed that individual or personal data indicated as obligatory and collected within the framework of the use of the service are necessary for the use of said service. These data are destined principally for the Company.

The User has the right to access, rectify and oppose the transfer of these data by emailing sales@asprostudios.co.uk

14 – Applicable law

These General Terms and Conditions of Sale, as well as any acts and operations carried out in application of these General Terms and Conditions of Sale, as well as the rights and obligations of the parties hereto, are governed and interpreted according to English law.

15 - Termination

The Company reserve the right to terminate this Agreement with immediate effect if you are in breach of any of the terms of the Agreement, or fail to make payment when due.

16 - Events Outside Our Control

The Company, or any delivery and production service we use, will not be liable or responsible for any failure to deliver, or delay in production or delivery of, the Products that is caused by an Event Outside Our Control, as defined below.

An "Event Outside Our Control" means any act or event beyond our reasonable control, including but without limitation to, adverse weather conditions (such as snow, flood, storms), strikes or industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, earthquake, subsidence, epidemic, pandemic or other natural disaster, road traffic accidents and road closures.

17 - Law and Jurisdiction

These Terms, the Services and each Order (not defined Order) and purchase of a Product are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to disputes arising in connection with these Terms. These Terms are offered in English only.